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provide for the granting of pardons to soldiers of the British Empire Forces |
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executed during the Great War of 1914 to 1919 following conviction for |
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offences of cowardice, desertion or attempted desertion, disobedience, |
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quitting post, violence, sleeping at post, throwing away arms or striking a |
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superior officer; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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(1) | Any person (an "eligible person") who in the Great War of 1914 to 1919— |
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(a) | served in the British Empire Forces, |
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(b) | was convicted by a court martial of one or more of the offences set out |
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in subsection (2) below or any of these offences together with any other |
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(c) | was judicially executed following such conviction, and |
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(d) | is listed in Schedule 1 to this Act or is deemed to have been so listed in |
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accordance with subsection (3) below, |
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| shall be eligible for a pardon in accordance with the provisions of this Act in |
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respect of any offence referred to in subsection (2) below. |
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(2) | The offences referred to in subsection (1) above are cowardice, desertion, |
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attempted desertion, disobedience, quitting post, violence, sleeping at post, |
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throwing away arms and striking a superior officer. |
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(3) | The Secretary of State may by order provide that any person not listed in |
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Schedule 1 whom he believes on sufficient evidence otherwise to qualify as an |
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eligible person shall be deemed to have been so listed and shall for all purposes |
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be treated as if he was an eligible person within the meaning of this section. |
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(1) | An eligible person or a person so treated by virtue of subsection (3) of section |
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1 above shall be pardoned of any offence referred to in subsection (2) of section |
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1 above if the Secretary of State makes an order to that effect in accordance with |
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the provisions of this section. |
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(2) | An order under subsection (1) above may be made— |
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(a) | in accordance with the provisions of subsection (3) below, or |
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(b) | after the Secretary of State has submitted to each House of Parliament |
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a statement under section 4(b) below that he intends to make such an |
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order in a particular case. |
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(3) | The Secretary of State shall, within three months of this Act coming into force, |
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do one of the following, that is to say— |
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(a) | make an order under subsection (1) above in respect of every eligible |
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person and any person so treated by virtue of subsection (3) of section |
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(b) | make an order referring the case of every eligible person and any |
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persons so treated by virtue of subsection (3) of section 1 above to the |
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tribunal established under section 3 below. |
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(4) | If the Secretary of State has made an order under subsection (3) above and |
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subsequently makes an order under subsection (3) of section 1 above, he shall |
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within seven days of making that order— |
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(a) | if he made an order under subsection (3)(a) above, make an order under |
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subsection (1) above in respect of any person to whom the order under |
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subsection (3) of section 1 above relates, or |
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(b) | if he made an order under subsection (3)(b) above, make anorder |
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referring the case of any person to whom the order under subsection (3) |
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of section 1 above relates to the tribunal established under section 3 |
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(1) | Before making an order under section 2(3)(b) above, the Secretary of State shall |
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appoint a tribunal, to be known as the Pardons Tribunal (“the Tribunal”). |
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(2) | The Tribunal shall consist of not less than three nor more than five persons who |
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are serving, or have served as judges of the High Court, the High Court of |
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Justiciary or of any higher Court, together with not more than two other |
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persons appointed by the Secretary of State under subsection (3) below. |
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(3) | The Secretary of State may by order appoint to the Tribunal not more than two |
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persons who are serving or have served in the judiciary of Canada or New |
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Zealand whose status is in the opinion of the Secretary of State equivalent to |
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that of persons appointed under subsection (2) above. |
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(4) | Before making any appointments to the Tribunal the Secretary of State shall |
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consult the Lord Chancellor, the Lord Justice General and any other persons or |
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bodies he considers appropriate in all the circumstances. |
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(5) | The Tribunal shall review the case of each eligible person referred to it and |
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shall submit to the Secretary of State— |
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(a) | a report on each case, and |
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(b) | a recommendation as to whether the person should be granted a |
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pardon under the provisions of this Act. |
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(6) | A report under subsection (5)(a) and a recommendation under subsection |
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(5)(b) above shall each deal only with one case. |
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(7) | Schedule 2 shall have effect in relation to the Tribunal. |
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4 | Reports of Tribunal to be laid before Parliament |
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A copy of each report under section 3(5) above shall be laid before each House |
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of Parliament by the Secretary of State within one month of its submission |
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(a) | any observations of the Secretary of State on the report, |
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(b) | a statement as to whether the Secretary of State proposes to make an |
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order under section 2(1) above, and |
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(c) | if the statement referred to in subsection (l)(b) above is not in |
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accordance with the recommendation of the Tribunal, the reasons why |
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it is not so in accordance. |
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A pardon under section 2 above shall— |
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(a) | unless this section otherwise requires, have similar effect to a pardon |
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granted in exercise of the Royal Prerogative, |
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(b) | be deemed to remove or, as the case may be, nullify any degradations |
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and penalties imposed in connection with the relevant offences, and |
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(c) | not have any effect on any existing financial rights or obligations of any |
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dependant or of the Secretary of State. |
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6 | Powers of the Secretary of State |
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(1) | The Secretary of State may— |
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(a) | take such reasonable steps as he considers appropriate in all the |
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circumstances to promote the memory and esteem of any person |
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granted a pardon under section 2 above, and |
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(b) | make such payments as he considers reasonable in all the circumstances to any |
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dependant of any such person. |
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(2) | Before determining the amount of any payment to be made under subsection |
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(1)(b) above, the Secretary of State may consult such persons as appear to him |
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to be representative of ex-servicemen's organisations, or to have expertise in |
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the law, history of the Great War, welfare services or the provision of pensions |
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as he considers appropriate. |
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There shall be paid out of money provided by Parliament any expenses of the Secretary |
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of State incurred in consequence of this Act. |
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(1) | The power to make an order under any provision of this Act shall be |
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exercisable by statutory instrument. |
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(2) | A copy of an order made under subsections (1) or (3) of section 2 above shall |
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be laid before each House of Parliament. |
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