Criminal Code Act 1983
431Pardoning power preserved
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431 Pardoning power preserved Nothing in the foregoing provisions of this Division shall affect the prerogative of mercy, and a Crown Law Officer, on the consideration of any petition for the exercise of the prerogative of mercy having reference to the finding of guilt of any person or to any sentence passed on a person found guilty of an offence, may: (a) refer the whole case to the Court whereupon the case shall be heard and determined by the Court as in the case of an appeal by a person found guilty of an offence; or (b) if he desires the assistance of the Court on any point arising in the case with a view to the determination of the petition, refer
Criminal Code Act 1983 319 that point to the Court for its opinion thereon whereupon the Court shall consider the point so referred and furnish the Crown Law Officer with its opinion thereon.