(b) the Attorney General may refer the whole case to the Court of Criminal
Appeal, to be dealt with as an appeal under the Criminal Appeal Act 1912 , or
(c) the Attorney General may request the Court of Criminal Appeal to give an
opinion on any point arising in the case.
(2) Action under subsection (1) may
only be taken if it appears that there is a doubt or question as to the
convicted person's guilt, as to any mitigating circumstances in the case or as
to any part of the evidence in the case.
(3) The Governor or the Attorney
General may refuse to consider or otherwise deal with a petition. Without
limiting the foregoing, the Governor or the Attorney General may refuse to
consider or otherwise deal with a petition if--
(a) it appears that the
matter--
(i) has been fully dealt with in the proceedings giving rise to the
conviction or sentence (or in any proceedings on appeal from the conviction or
sentence), or
(iii) has been the subject of a right of
appeal (or a right to apply for leave to appeal) by the convicted person but
no such appeal or application has been made, or
(iv) has been the subject of
appeal proceedings commenced by or on behalf of the convicted person
(including proceedings on an application for leave to appeal) where the appeal
or application has been withdrawn or the proceedings have been allowed to
lapse, and
(b) the Governor or the Attorney General is not satisfied that
there are special facts or special circumstances that justify the taking of
further action.
(3A) The Governor or the Attorney General may defer
consideration of a petition if--
(a) the time within which an appeal may be
made against the conviction or sentence (including an application for leave to
appeal) is yet to expire, or
(b) the conviction or sentence is the subject of
appeal proceedings (including proceedings on an application for leave to
appeal) that are yet to be finally determined, or
(c) the petition fails to
disclose sufficient information to enable the conviction or sentence to be
properly considered.
(4) The Attorney General must cause a report to be given
to the registrar of the Criminal Division of the Supreme Court as to any
action taken by the Governor or the Attorney General under this section
(including a refusal to consider or otherwise deal with a petition).
(5) A
petition (however described) that does not expressly seek a review of a
conviction or sentence or the exercise of the Governor's pardoning power may
be dealt with as if it did if the Attorney General is of the opinion that it
should be so dealt with.
