§ 333 — Power to pardon, suspend or remit sentence, etc.

333.—(1) Where a person has been sentenced to punishment for an offence, the President, acting in accordance with the Constitution, may grant a pardon, reprieve or respite, on such conditions as the President thinks fit, of the execution of the sentence, or remit the whole or any part of the sentence or any penalty or forfeiture imposed by law.(2) Where an application is made to the President for any of the reliefs mentioned in subsection (1), the President —(a)

in the case of a sentence of death, must act in accordance with Article 22P(2) of the Constitution; or

(b)

may in any other case, require the presiding judge of the court before or by which the person is convicted to state his or her opinion as to whether the application should be granted or refused, and the judge must state his or her opinion accordingly.

(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the President, not fulfilled, the President may cancel the suspension or remission, and upon the cancellation, the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by a police officer without warrant and remanded to undergo the unexpired portion of the sentence.

(4) Subsection (3) does not apply to a sentence of death.

—(1) Where a person has been sentenced to punishment for an offence, the President, acting in accordance with the Constitution, may grant a pardon, reprieve or respite, on such conditions as the President thinks fit, of the execution of the sentence, or remit the whole or any part of the sentence or any penalty or forfeiture imposed by law.

(2) Where an application is made to the President for any of the reliefs mentioned in subsection (1), the President —(a)

in the case of a sentence of death, must act in accordance with Article 22P(2) of the Constitution; or

(b)

may in any other case, require the presiding judge of the court before or by which the person is convicted to state his or her opinion as to whether the application should be granted or refused, and the judge must state his or her opinion accordingly.

(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the President, not fulfilled, the President may cancel the suspension or remission, and upon the cancellation, the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by a police officer without warrant and remanded to undergo the unexpired portion of the sentence.

(4) Subsection (3) does not apply to a sentence of death.