Royal prerogative of mercy

"Prerogative of mercy" redirects here. For the prerogative in Rwanda, see Prerogative of mercy (Rwanda).
"Royal pardon" redirects here. For pardons worldwide and in general, see Pardon.

In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal prerogative of mercy was originally used to permit the monarch to withdraw, or provide alternatives to, death sentences; the alternative of penal transportation to "partes abroade" was used since at least 1617.[1] It is now used to change any sentence or penalty.[2] A royal pardon does not overturn a conviction.

In modern times, by constitutional convention, the prerogative is exercised by the Sovereign on ministerial advice.[3][4][5] Those responsible for recommending its exercise are:

In Commonwealth realms other than the United Kingdom the prerogative is exercised by the governor-general of the realm on behalf of the Sovereign, but still on the advice of government ministers. Specifically, it has been delegated to the federal and state Attorneys-General in Australia and the federal and provincial cabinets in Canada, in respect of federal and provincial offences.[7]

In the important case of Derek Bentley, a court found that this royal prerogative power is "probably" entirely a matter of policy, and thus not justiciable.[8]

  1. ^ Acts of the Privy Council of England, Colonial Series, Vol. I, 1613–1680, p.12. (1908)
  2. ^ Cite error: The named reference GGNZ-RPM was invoked but never defined (see the help page).
  3. ^ a b c d e f Ministry of Justice. The Governance of Britain - Review of the Executive Royal Prerogative Powers: Final Report (PDF). UK Parliament. pp. 15–18. Retrieved 16 October 2023.
  4. ^ a b c d e "Prerogative of Mercy". Parliamentary Debates (Hansard). United Kingdom: House of Lords. 4 November 2014.
  5. ^ See R Blackburn, 'Monarchy and the personal prerogatives' [2004] Public Law 546, explaining that the "personal prerogative" of the monarch is a set of powers that must be exercised according to law, and must follow the advice of the Prime Minister, or in accordance with Parliament and the courts.
  6. ^ "Scotland Act 1998: Section 53", legislation.gov.uk, The National Archives, 1998 c. 46 (s. 53), retrieved 16 October 2023
  7. ^ "Royal Prerogative of Mercy - Fact Sheet". Parole Board of Canada. 4 November 2008. Archived from the original on 3 October 2016. Retrieved 26 December 2012.
  8. ^ Magrath, Paul (8 July 1993). "Law Report: Court recommends Bentley pardon: Regina v Secretary of State for the Home Department, ex parte Bentley - Queen's Bench Divisional Court (Lord Justice Watkins, Lord Justice Neill and Mr Justice Tuckey)". The Independent. London. Retrieved 24 December 2013.