Spans in 'Dominica - Criminal Law and Procedure' tagged with 'Pardon'

'Pardon' in document 'Dominica - Criminal Law and Procedure'

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More information about the document 'Dominica - Criminal Law and Procedure'
The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV
SPEEDY TRIALS ON GUILTY CONFESSIONS

20.

(4) Plea by accused committed for sentence.

A person who has been committed for sentence may plead autrefois acquit, autrefois convict, pardon, or such special plea as he would be permitted to plead according to the law in force in England on 2nd November 1978, and in such case unless the accused and the prosecutor and the Judge consent to the issue being tried by the Judge without a jury, the Judge shall postpone the case for trial by a jury as provided in subsection (3).

PART XI
PARDONS

66. President may extend prerogative of mercy.

The President may extend the prerogative of mercy to any person sentenced, by virtue of any statute, to imprisonment, although such person is imprisoned for non-payment of money to some party other than the State.

PART XI
PARDONS

67. When pardon granted, offender still liable for any other felony or offence.

Where the President, in the name and on behalf of the State, grants to any offender convicted of a felony either a free or a conditional pardon, the discharge of the offender out of custody, in the case of a free pardon, and the performance of the condition, in the case of a conditional pardon, shall have the same effect as a pardon of the offender under the Great Seal or the Royal sign manual of the United Kingdom would have had with respect to an offender in the United Kingdom on 2nd November 1978 as to the felony for which pardon has been granted ; but no free pardon, nor any discharge in consequence thereof, nor any conditional pardon, nor the performance of the condition thereof, in any of the cases aforesaid, shall prevent, or mitigate, the punishment to which the offender might otherwise be lawfully sentenced on subsequent conviction for any felony, or offence, other than that for which the pardon was granted.

RELEVANT ROME STATUTE PROVISIONS

Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute