Criminal Procedure Act, 1993
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Petition for grant of pardon. |
7.—(1) If a person— | |
(a) who has been convicted of an offence, | ||
(b) who after appeal against the conviction stands convicted of an offence, and | ||
(c) who alleges that a new or newly-discovered fact shows that a miscarriage of justice has occurred in relation to the conviction, | ||
petitions the Minister for Justice with a view to the Government advising the President to grant a pardon under Article 13.6 of the Constitution and no further proceedings are pending in relation to the appeal, the following provisions of this section shall apply. | ||
(2) The Minister for Justice shall make or cause to be made such inquiries as he considers necessary and— | ||
(a) if he is of opinion either— | ||
(i) that the matters dealt with in the petition could appropriately be dealt with by way of an application to the Court pursuant to section 2 , or | ||
(ii) that a case has not been made out that a miscarriage of justice has occurred and that no useful purpose would be served by further investigation, | ||
shall inform the petitioner accordingly and take no further action, and | ||
(b) in any other case, shall recommend to the Government either— | ||
(i) that it should advise the President to grant a pardon in respect of the offence of which the applicant was convicted, or | ||
(ii) that it should appoint a committee pursuant to section 8 to inquire into and report on the case. | ||
(3) In subsection (1) (c) the reference to a new fact is to a fact known to the convicted person at the time of the trial or appeal proceedings the significance of which was appreciated by him, where he alleges that there is a reasonable explanation for his failure to adduce evidence of that fact. | ||
(4) The reference in subsection (1) (c) to a newly-discovered fact is to a fact discovered by or coming to the notice of the convicted person after the relevant appeal proceedings have been finally determined or a fact the significance of which was not appreciated by the convicted person or his advisers during the trial or appeal proceedings. | ||
(5) References in subsections (1) and (2) to the Minister for Justice shall, in relation to a conviction by court-martial, be construed as references to the Minister for Defence. | ||
(6) Nothing in this section shall affect any functions of the Minister for Justice in relation to a petition to him from a person other than a person mentioned in subsection (1) with a view to the Government advising the President to grant a pardon under Article 13.6 of the Constitution. |