Paragraph 84 Powers of pardon, etc.

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch.2, (Constitution s. 3(1)(c) subst) (prosp) by Turks and Caicos Islands Constitution 1993 art.2
Sch.2, (Constitution s. 7(1)(c)(d) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.3
Sch.2, (Constitution s. 12(1) rep in pt) (prosp) by Turks and Caicos Islands Constitution 1993 art.4
Sch.2, (Constitution s. 13(1)(bb) added by Turks and Caicos Islands Constitution 1993 art.5
Sch.2, (Constitution s. 15(2) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art6
Sch.2, (Constitution s. 19(d) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.7
Sch.2, (Constitution s. 21(2) subst) (prosp) by Turks and Caicos Islands Constitution 1993 art.8(1)
Sch.2, (Constitution ss. 34A, 34B added by Turks and Caicos Islands Constitution 1993 art.9
Sch.2, (Constitution s. 44(1)(a) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.10
Sch.2, (Constitution s. 49(2) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.11
Sch.2, (Constitution s. 53(3) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.12
Sch.2, (Constitution s. 57(3) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.13
Sch.2, (Constitution s. 58(4) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.14
Sch.2, (Constitution s. 59(2) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.15
Sch.2, (Constitution s. 61(c)(d) added by Turks and Caicos Islands Constitution 1993 art.16
Sch.2, (Constitution s. 87(5) subst) (prosp) by Turks and Caicos Islands Constitution 1993 art.17
Sch.2, (Constitution s. 88(1) defn of high legal office added by Turks and Caicos Islands Constitution 1993 art.18
Sch 2 am (prosp) by Turks and Caicos Islands Constitution 2002 arts 2, 3

(1)

The Governor may, in Her Majesty’s name and on Her behalf—

(a)

grant to any person convicted of any offence against any law in force in the Islands, a pardon, either free or subject to lawful conditions;

(b)

grant to any person a respite, either indefinite or for a specified period, from the execution of any punishment imposed on him for such an offence;

(c)

substitute a less severe form of punishment for that imposed by any sentence for such an offence; or

(d)

remit the whole or any part of any sentence passed for such an offence or of any penalty or forfeiture otherwise due to Her Majesty on account of such an offence.

(2)

In the exercise of his powers under this section the Governor shall act in his discretion but shall first consult the Executive Council unless in any particular case, not falling within subsection (3) of this section, the matter is in his judgment too urgent to permit such consultation.

(3)

Where any person has been sentenced to death for an offence (otherwise than by a court-martial) the Governor shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the Executive Council:

Provided that if it is impracticable to obtain such a report, the Governor may act without such a report, but in that case shall, if practicable, cause to be taken into consideration a report furnished by the registrar of the court after consulting counsel for the prosecution and defence in the case.