The Prerogative of Mercy, the Power of Pardon and Criminal Justice

Abstract

This article looks at the prerogative power of the executive to grant pardons. The scope of the pardon and its effects are examined, with a focus on advance pardons. The variations of a pardon include the absolute or free pardon, conditional pardons, and remission of sentence. Form, grounds, burden of proof and review procedures are also considered, as is the lack of statutory entitlement to compensation that accompanies a pardon. There are numerous controls on the exercise of the pardon including the courts and Parliamentary scrutiny. The current system could be improved and new mechanisms should be implemented to advise the Home Secretary in his use of the prerogative. Abstract by Rose Goss.

Keywords: : Prerogative, pardon, absolute pardon, conditional pardon, advance pardon, remission of sentence, home secretary

JEL Classification: K1, K14, K40