PART 2. SPECIFIC RULES
TITLE 1. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
144. Provisions to secure protection of law
6. No person shall be tried for a criminal offence if he or she shows that he or she has been granted a pardon for that offence.
PART 2. SPECIFIC RULES
TITLE 5. THE EXECUTIVE
188. Prerogative of Mercy
1. The President may-
a. grant to any person concerned in or convicted of any offence under the law of Guyana, a pardon, either free or subject to lawful conditions;
PART III PROCEEDINGS IN THE COURT
TITLE 8 – PLEADING
Pleas
107. (1) The following special pleas, and no others, may be pleaded according to the provisions hereinafter contained, that is to say, a plea of autrefois acquit, a plea of autrefois convict, a plea of pardon, and in cases of defamatory libel the plea hereinafter mentioned.
PART IV
TITLE 12 – EXECUTION AND SENTENCES
Capital Punishment
191. Whenever the President is pleased to grant a pardon to any person sentenced to death for any offence by law punishable with death, the President may, by warrant under his hand and the public seal, order that that person shall be kept in imprisonment for his natural life or for a term of years specified in the warrant; and that warrant shall be as effectual in the law, and shall be carried to execution in the same manner, as if it had been a sentence of imprisonment for that term pronounced by the Court against that person and recorded for an offence in respect of which that sentence might have been pronounced by the Court.
PART IV
TITLE 13 – MISCELLANEOUS MATTERS
Pardon
210. No conditional pardon granted by the President to any person convicted of a felony, nor the performance of the condition thereof, shall prevent or mitigate the punishment to which that person might otherwise be lawfully sentenced on a subsequent conviction for any other felony.
211. The Court may, with the consent in writing of the Director of Public Prosecutions, order that a pardon be granted to any person accused or suspected of, or committed for trial for, an indictable offence, on condition of his giving full and true evidence on any preliminary inquiry or any trial; and that order shall have effect as a pardon by the President, but may be withdrawn by the Court on proof satisfying it that the person has withheld evidence or given false evidence.
212. Wherever either a free or conditional pardon is granted to any person, the discharge of the offender in the case of a free pardon, and the performance of the condition in the case of a conditional pardon, shall have the same effect as a pardon has in the like cases under the public seal.
213. (1) Whenever the President is pleased to grant to any offender a pardon under the public seal, or to issue any warrant for the commutation of any sentence of death, the Registrar shall be bound, on the direction of the President, to record that pardon and that warrant in a book to be kept by him for that purpose, and to endorse the pardon and warrant with the word “Recorded” and with his signature.
(2) The pardon and warrant, when so recorded, and endorsed, shall be valid and effectual for all purposes whatsoever, and it shall be the duty of all courts, judges, officers, and others, on production thereof, to take notice thereof and to give effect thereto.
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;