Application for Pardon – Get a Pardon in Northern Ireland
A Royal Prerogative of Mercy is the legal power in Northern Ireland and the rest of the United Kingdom to grant Pardons and Reprieves.
Historically this power was the absolute power of the Monarchy. The absolute power to pardon and release from custody a convicted person from that conviction and its Court ordered penalty.
The Royal Prerogative of Mercy today is procedurally different from its historical roots in Law.
Pardons granted by the Monarch today are granted with the advice of the following Government Ministers:
In England and Wales, the Justice Secretary
In Scotland, the First Minister of Scotland
In Northern Ireland, the Northern Ireland Secretary
In Military cases, the Defence Secretary
Government pardons are limited to convicts who are morally innocent of the offence. It is not necessarily granted to those wrongly convicted of a crime. A Pardon does not remove the conviction itself, it remove the penalty that was imposed in the case.
It must be noted that since the statutory remedies provided by the Criminal Cases Review Commission and the Scottish Criminal Cases Review Commission the Royal Prerogative is rarely actioned.
Criminal records are stored with the following government departments:
In England and Wales, the Criminal Records Bureau
In Scotland, Disclosure Scotland
In Northern Ireland, Access Northern Ireland
U.K., Police National Computer
You must give permission for these records to be accessed. Many employers insist upon being granted access to criminal record searches for prospective employees.
An expungement of a record shall mean that a person can deny the convictions and existence of a record.
Definition of Expungement: means that:
(1) The affected criminal records shall be sealed;
(2) The proceedings to which the criminal record(s) refers shall be deemed not to have occurred;
(3) The person granted an Expungement of her/his criminal record(s) may properly represent that no record exists regarding the matter expunged.
Convictions in the United kingdom can be granted expungement under the Rehabilitation of Offenders Act.