(1)Nothing in this Part of this Act shall affect the prerogative of mercy, but the Secretary of State on the consideration of any conviction of a person or the sentence (other than sentence of death) passed on a person who has been convicted, may, if he thinks fit, at any time, and whether or not an appeal . . . F1 against such conviction or sentence has previously been heard and determined by the High Court [F2refer the whole case to the High Court and the case shall be heard and determined, subject to any directions the High Court may make, as if it were an appeal under this Part of this Act.]
(2)The power of the Secretary of State under this section to refer to the High Court the case . . . F3 of a person convicted shall be exercisable whether or not that person has petitioned for the exercise of Her Majesty’s mercy.
Textual Amendments
F1Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 6 para. 6, Sch. 8
F2Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 2 para. 22(b), Sch. 6 para. 6
F3Words repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2