The Prerogative of Mercy in NSW (2007) Vol 1 Art 6

Abstract

The prerogative of mercy, as it applies in New South Wales, is considered in its historical context. It emerges that in 1987 the prerogative was supplemented and, to an extent, displaced by the establishment of what might be better termed ‘an extraordinary avenue of appeal’ now to be found in Part 7 Crimes (Appeal and Review) Act 2001 (NSW). It is argued that there are occasions when the prerogative power should be exercised to the full. Some proposals are made for reform of Part 7 of the Act.