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The
Commission
advising on
the
Prerogative
of Mercy.
134. (1) When the Commission is convened to consider
advising the President on the exercise of the Prerogative of Mercy, the
provisions of this section shall apply.
(2) The Commission may receive professional reports,
including reports from medical practitioners.
(3) In a case in which a person has been sentenced to
death by a Court (otherwise than by a court- martial) for an offence
against the law, the Attorney-General shall cause to be obtained and
be delivered to the Commission a written report of the case from the
trial Judge (or the Chief Justice, if a report from the trial judge
cannot be obtained), together with such other information derived
from the record of the case or elsewhere as the Attorney-General may
require.
(4) In cases other than those referred to in subsection
(3) of this section, the Commission may require the Attorney General
to submit to the Commission reports and information of the nature of
that referred to in subsections (2) and (3) of this section.
(5) After the Commission at a meeting has duly
taken into consideration the reports and information referred to in
subsections (2) (3) and (4) of this section, as the case may be, the
Commission shall decide what advice it considers desirable to give the
President on the exercise of the Prerogative of Mercy. Before giving
such advice to the President, the Commission shallconsult the
Prime Minister on its proposed advice.
(6) When the Commission tenders its advice to the
President pursuant to subsection (5) of this section, the President shall
act in accordance with such advice.
Tenure.
135. (1) Subject to subsection (2) of this section, a
member of the Commission appointed under paragraphs (b), (c), (d)
and (e) of subsection (1) of section 131 of this Constitution shall hold
his office therein for such period as may be specified in the instrument
by which he was appointed.
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