The Grenada Revolution Online

Prerogative of Mercy, sections from the Constitution of Grenada

72.-(1) The Governor-General may, in Her Majesty's name and on Her Majesty's behalf,-

  1. grant a pardon, either free or subject to lawful conditions, to any person convicted of any offence;
  2. grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;
  3. substitute a less severe form of punishment for any punishment imposed on any person for any offence; or
  4. remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Crown on account of any offence.
72.-(2) The powers of the Governor-General under subsection (1) of this section shall be exercised by him in accordance with the advice of such Minister as may for the time being be designated by the Governor-General, acting in accordance with the advice of the Prime Minister.

73.-(1) There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of-

  1. the Minister for the time being designated under section 72(2) of this Constitution who shall be Chairman;
  2. the Attorney-General;
  3. the chief medical officer of the Government of Grenada; and
  4. three other members appointed by the Governor-General, by instrument in writing under his hand.
73.-(2) A member of the Committee appointed under subsection (1)(d) of this section shall hold his seat thereon for such period as may be specified in the nstrument by which he was appointed:

Provided that his seat shall become vacant-

  1. in the case of a person who, at the date of his appointment was a Minister, if he ceases to be a Minister; or
  2. if the Governor-General, by instrument in writing under his hand so directs.
73.-(3) The Committee may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.

73.-(4) The Committee may regulate its own procedure.

73.-(5) In the exercise of his functions under this section, the Governor-General shall act in accordance with the advice of the Prime Minister.

74.-(1) Where any person has been sentenced to death (otherwise than by a court-martial) for an offence, the Minister for the time being designated under section 72(2) of this Constitution shall cause a written report of the case from the trial judge (or, if a report cannot be obtained from that judge, a report on the case from the Chief Justice), together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the Advisory Committee on the Prerogative of Mercy; and after obtaining the advice of the Committee he shall decide in his own deliberate judgment whether to advise the Governor-General to exercise any of his powers under section 72(1) of this Constitution.

74.-(2) The Minister for the time being designated under section 72(2) of this Constitution may consult with the Advisory Committee on the Prerogative of Mercy before tendering advice to the Governor-General under section 72(1) of this Constitution in any case not falling within subsection (1) of this section but he shall not be obliged to act in accordance with the recommendation of the Committee.

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