73 Mercy Commission 119.—(1) The Commission on the Prerogative of Mercy established under the State Services Decree 2009 continues in existence as the Mercy Commission. (2) The Commission consists of— (a) the Attorney-General who is to be its chairperson; and (b) 4 other members appointed by the President, acting on the advice of the Judicial Services Commission, following consultation by it with the Attorney-General. (3) On the petition of any convicted person, the Commission may recommend that the President exercise a power of mercy by­­— (a) granting a free or conditional pardon to a person convicted of an offence; (b) postponing the carrying out of a punishment, either for a specific or indeterminate period; or (c) remitting all or a part of a punishment. (4) The Commission may dismiss a petition that it reasonably considers to be frivolous, vexatious or entirely without merit, but otherwise— (a) must consider a report on the case prepared by— (i) the Judge who presided at the trial; or (ii) the Chief Justice, if a report cannot be obtained from the presiding Judge; (b) must consider any other information derived from the record of the case or elsewhere that is available to the Commission; and (c) may consider the views of the victims of the offence. (5) The President must act in accordance with the recommendations of the Commission. (6) The members of the Commission referred to in subsection (2)(b) shall be appointed for a term of 3 years and shall be eligible for re-appointment. (7) The President may, on the recommendation of the Judicial Services Commission following consultation by it with the Attorney-General, appoint a person to act as a member of the Commission during any period or during all periods, when there is a vacancy in the membership of the Commission or when a member is absent from duty or from Fiji or is, for any reason, unable to perform the functions of office.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents