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Clause 327

allows the Attorney General to refer whole cases to the Court of Appeal or any point arising in a case to judges of the Trial Division of the Supreme Court for their opinion, if a person convicted on indictment or found unfit to stand trial due to mental impairment petitions for the exercise of Her Majesty's mercy in relation to the conviction or finding. If the Attorney-General refers the whole case to the Court of Appeal, the Court of Appeal must hear and determine the case as if it were an appeal by the person. Alternatively, if the Attorney-General refers a question to the judges of the Trial Division of the Supreme Court, those judges or any three of them must consider the point and provide the Attorney-General with their opinion.