The Royal Prerogative of Mercy and an Alternative Model: Pardons and Criminal Law Review Commissions

Please Note: Only NSW barristers or members of the NSW Bar Association can register for CPD’s or webinars.

Dr Robert Cavanagh, Barrister-at-law, Sir Owen Dixon Chambers will be holding this lecture which will include the following:

• A brief history of the Prerogative of Mercy as it was applied in England in the 19th century and New South Wales in colonial times.
• An outline of current legislation in New South Wales dealing with the Prerogative of Mercy.  
• An examination of the approach adopted in the Kathleen Folbigg case when petitioning to seek an inquiry, which was granted in 2019, and to seek a pardon in 2021.  The number of difficulties confronted in attempting to have the Attorney General consider the petitions and ultimately act upon them are detailed.  Some of the investigative errors made prior to the 2003 trial are listed along with errors made at trial and subsequent appeals to show the grounds used for both petitions.
• A description of an alternative system of review of criminal cases which operates in England, Wales, Northern Ireland, Scotland, Norway and New Zealand.