A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be viewed as a tool to overcome miscarriage of justice, allowing a grant of freedom to someone who is believed to be wrongly convicted or subjected to an excessive penalty. The second-best theory of pardons views pardons as second-best to fair justice. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may implicitly constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction. Pardons can also be a source of controversy, such as when granted in what appears to be a political favor. The arbitrariness and limited political accountability of pardons have been criticized.
By country
Australia
In Australia, the pardon power is referred to as the royal prerogative of mercy, an executive power that is vested in the King and may be exercised by the governor-general. The prerogative of mercy is a broad discretionary power that may be exercised by a state governor who is acting on the advice of the state executive council and the state attorney general. Courts in Australia may also exercise their traditional power to exercise mercy when the circumstances of the defendant or offense warrant relief. In addition to the prerogative of mercy, Australia has passed legislation that creates additional avenues to seek a pardon, exoneration, reduced sentence, or conditional release.
Canada
Pardons The Parole Board of Canada (PBC) is the federal agency responsible for making pardon decisions under the Criminal Records Act (CRA). Under the CRA, the PBC can issue, grant, deny, and revoke pardons. In 2012, the Parliament of Canada passed the Safe Streets and Communities Act, which changed many elements of the criminal justice system. The Act replaced the term "pardon" with "record suspension", and the pardon system was similarly changed. A pardon keeps the police record of a conviction separate and apart from other criminal records, and gives law-abiding citizens an opportunity to reintegrate into Canadian society. The Royal Canadian Mounted Police removes all information about the conviction for which an individual received the pardon from the Canadian Police Information Centre (CPIC). Federal agencies cannot give out information about the conviction without approval from the minister of public safety. A pardon does not, however, erase the fact that an individual was convicted of a crime. The criminal record is not erased, but it is kept separate and apart from other (non-pardoned) criminal records. A pardon removes disqualifications caused by a criminal conviction, such as the ability to contract with the federal government, or eligibility for Canadian citizenship. If an individual in receipt of a pardon is convicted of a new offence, the information may lead to a reactivation of the criminal record for which the pardon was received in CPIC. A pardon does not guarantee entry or visa privileges to another country. Before travelling to another country, individuals must still contact the authorities of the country in question to find out what the requirements are to enter that country. Processing of pardons by the Parole Board of Canada generally takes six months for a summary offence and twelve months for an indictable offence. If the Parole Board proposes to deny the application, it can take 24 months to process. Individuals can apply for a pardon if they were convicted as an adult of a criminal offense in Canada, or of an offense under a federal act or regulation of Canada, or if they were convicted of a crime in another country and were transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act. Non-Canadian citizens are not eligible for a Canadian pardon unless they were convicted of a crime in Canada. To be eligible for a pardon or record suspension, individuals must have completed all of their sentences and a waiting period. Individuals are considered to have completed all of their sentences if they have:
Paid all fines, surcharges, costs, restitution and compensation orders Served all sentences of imprisonment, conditional sentences, including parole or statutory release Completed their probation order Prior to 2012, following completion of all of their sentences, individuals must have completed a waiting period, as follows:
Three years for summary convictions under the Criminal Code or other federal act or regulation, except sexual crimes against children Three years under the National Defence Act, if fined $2,000 or less, detained or imprisoned six months or less, or subjected to various lesser punishments for a service offence Five years for indictable convictions under the Criminal Code or other federal act or regulation and summary convictions of sexual crimes against children Five years for all convictions by a Canadian offender transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act Five years under the National Defence Act, if you were fined more than $2,000, detained or imprisoned more than six months, or dismissed from service Ten years for indictable convictions for sexual crimes against children and criminals receiving more than two years of imprisonment time for "serious personal injury offence" such as manslaughter or other designated offence under section 752 of the Criminal Code. Effective 13 March 2012, the eligibility criteria and waiting periods changed:
… excerpt ends here. Continue reading the full article.
