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The Pardons and Commutations Act 2016



[Passed 6-0, Royal Assent: June 2nd, 2016]

An Act Enumerating the Sovereign’s Royal Prerogatives Concerning Pardons and Commutations. BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords and Burgesses in this present Parliament assembled, and by the authority of the same, as follows:

1. SHORT TITLE

This act may be cited for all purposes as “Pardons and Commutations Act 2016.”

2. THE ISSUANCE AND NATURE OF PARDONS

a. The Sovereign may, from time to time by and with the advice of the Chancery, grant a pardon to a citizen or non-citizen of the Kingdom who has been convicted and sentenced for some criminal offense by a court of the Realm.

b. If a pardon is granted, the sentence given by the court is suspended, and any effects of that sentence shall be reversed forthwith. A pardon does not overturn a finding of guilt issued by a court.

c. The Sovereign may issue a pardon with certain conditions which must be met in order for the pardon to remain in force. The Sovereign may set the terms of the pardon, by and with the advice of the Chancery. The Chancery shall determine whether or not an individual remains in compliance with the terms of the pardon, and shall re-impose the original sentence if the terms of the pardon were violated. This action is subject to judicial review.

d. Individuals who are seeking a pardon shall contact the Chancery, who shall examine the merits of the case and petition and determine whether or not to recommend to His Majesty that a pardon be issued.

f. The Sovereign shall be free to issue or refuse to issue a pardon against the advice of the Chancery if the Sovereign believes the interests of justice demand a certain action.


g. Upon the issuance of a pardon, the pardon shall be posted publicly within the Tartannac Gazette for the notification of the public by the appropriate Chancery officer. The specific terms of a conditional pardon may or may not be published at the discretion of the Chancery.

3. THE ISSUANCE AND NATURE OF COMMUTATIONS

a. The Sovereign may, from time to time by and with the advice of the Chancery, grant a commutation to a criminal sentence received by a citizen or non-citizen issued by a court of the Realm.

b. If a commutation is granted, His Majesty shall be empowered to lessen the severity of the sentence.

c. The Sovereign may issue a commutation with certain conditions which must be met in order for the commutation to remain in force. The Sovereign may set the terms of the commutation, by and with the advice of the Chancery. The Chancery shall determine whether or not an individual remains in compliance with the terms of the commutation, and shall re-impose the original sentence if the terms of the commutation were violated. This action is subject to judicial review.

d. Individuals who are seeking a commutation shall contact the Chancery, who shall examine the merits of the case and petition and determine whether or not to recommend to His Majesty that a commutation be issued.

e. The Sovereign shall be free to issue or refuse to issue a commutation against the advice of the Chancery if the Sovereign believes the interests of justice demand a certain action.

f. Upon the issuance of a commutation, the commutation shall be posted publicly within the Tartannac Gazette for the notification of the public by the appropriate Chancery officer. The specific terms of a conditional commutation may or may not be published at the discretion of the Chancery.

4. COMMENCEMENT


This legislation and all the provisions therein shall come into force upon receiving the Royal Assent.

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