Shields, Regina (on the Application of) v Secretary of State for Justice: Admn 17 Dec 2008

The claimant had been convicted in Bulgaria of attempted murder. He had denied it, and somebody later confessed to the crime, but that confession had not been admitted. Having been transferred to England to complete his sentence, he now asked for a decision that the respondent had the power to issue a pardon to a repatriated prisoner under article 12.
Held: ‘The Prerogative of Mercy starts where the law finishes. When a lawful conviction and sentence have been arrived at, the convicted person can appeal to the mercy of the Crown. ‘Articles 12 and 13 of the Convention stand side by side and neither is expressed to be subject to or qualified by the other. That would enable the Secretary of State to consider granting pardon in circumstances where there would be constitutional power to do so in this jurisdiction if the sentence were a sentence passed by a court in the United Kingdom. Article 13 dealt with judicial process, and article 12 the executive process. ‘pardon remains a flexible process intended in very rare cases to secure justice which the concluded court process cannot achieve.’ The respondent did have a discretion to issue a pardon.

Maddison J
[2008] EWHC 3102 (Admin), Times 14-Jan-2009, [2009] 3 All ER 265, [2010] QB 150, [2009] 3 WLR 765, [2009] ACD 46
Repatriation of Prisoners Act 1984, Convention on the Transfer of Sentenced Persons 1983 12
England and Wales
CitedRegina v Foster CA 29-Mar-1984
The effect of a free pardon was to remove from the subject of the pardon ‘all pains, penalties and punishments whatsoever that from the said conviction may ensue’, but not to eliminate the conviction itself.
Watkins LJ said: ‘constitutionally . .
CitedCarmona v Regina CACD 14-Mar-2006
The defendant appealed against a recommendation for deportation made on his being sentenced. He complained that the order breached his right to family life.
Held: It was not for a sentencing judge to take such matters into account. The judge . .
CitedRegina v Secretary of State for the Home Department Ex Parte Bentley QBD 8-Jul-1993
Bentley had been convicted of the murder of a policeman. He was of low intelligence and he was captured. His co-accused still held a gun. He shouted out ‘Let him have it’ He was convicted, but had said that he had only intended for the gun to be . .

Lists of cited by and citing cases may be incomplete.

Prisons, International, Human Rights

Updated: 01 November 2021; Ref: scu.278831