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ARTICLE · 29 JUNE 2022

Can I get a royal pardon?

Under the Australian constitution, government has the power to grant the royal prerogative of mercy (a royal pardon).

AustraliaCriminal Law

It is not particularly well known that under the Australian constitution, the government has the power to grant what amounts to a royal pardon. Its official title is the royal prerogative of mercy, and it can be granted by the governor-general or state governor as the representative of the British monarch - Australia's head of state - on the recommendation of the attorney-general.

What is the royal prerogative of mercy?

The royal prerogative of mercy lies in the ancient power of the monarch to bestow mercy on a convicted offender and to redress a miscarriage of justice.

Monarchs having the right to show mercy goes back for millenia, but the first official record of this process was in the early 1600s, when a convicted person, usually facing the death penalty, could appeal to the monarch for mercy and instead serve a life sentence or be transported.

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