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In the [[Kingdom of England|English]] and [[United Kingdom|British]] tradition, the '''royal prerogative of mercy''' is one of the historic [[royal prerogative]]s of the [[British monarch]], in which he or she can grant [[pardon]]s (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 sentence]]s; the alternative of [[penal transportation]] to "partes abroade" has been used since at least 1617.<ref>[https://archive.org/stream/cu31924026356299/cu31924026356299_djvu.txt Acts of the Privy Council of England], Colonial Series, Vol. I, 1613-1680, p.12. (1908)</ref> It is now used to change any sentence or penalty.<ref name=GGNZ-RPM/> A royal pardon does not itself overturn a conviction.
In the [[Kingdom of England|English]] and [[United Kingdom|British]] tradition, the '''royal prerogative of mercy''' is one of the historic [[royal prerogative]]s of the [[British monarch]], in which he or she can grant [[pardon]]s (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 sentence]]s; the alternative of [[penal transportation]] to "partes abroade" has been used since at least 1617.<ref>[https://archive.org/stream/cu31924026356299/cu31924026356299_djvu.txt Acts of the Privy Council of England], Colonial Series, Vol. I, 1613-1680, p.12. (1908)</ref> It is now used to change any sentence or penalty.<ref name=GGNZ-RPM/> A royal pardon does not itself overturn a conviction.


Officially, this is a power of the monarch. Formally, in [[Commonwealth realms]], this has been delegated to the Governor-General of the realm, which in practice means to government ministers who advise the monarch or viceroy, usually those responsible for justice. Specifically, it has been delegated to the [[Lord High Chancellor of Great Britain|Lord Chancellor]] in [[England and Wales]]; the [[Scottish Ministers]] in [[Scotland]]; and the federal cabinet in [[Canada]].<ref name=Canada-PBC-CLCC-FS14-RPM>{{cite web |url= http://pbc-clcc.gc.ca/infocntr/factsh/man_14-eng.shtml |title= Royal Prerogative of Mercy - Fact Sheet |work= Parole Board of Canada|date= 4 November 2008}}</ref> In [[Australia]], the Governor-General acts on the advice of the [[Attorney-General for Australia|Attorney-General]] or [[Minister for Justice (Australia)|Minister for Justice]], and may only exercise the prerogative of mercy in relation to a federal offender convicted of a Commonwealth offence.<ref name=GGAUS-RPM>{{cite web |url= http://www.ag.gov.au/CrimeAndCorruption/FederalOffenders/Pages/Royalprerogativeofmercyandreferralofmatterstostateandterritorycourts.aspx |title= Royal prerogative of mercy and referral of matters to state and territory courts |work= Attorney General's Department |accessdate=26 December 2013}}</ref> In [[New Zealand]], the prerogative of mercy is exercised by the Governor-General as the Queen's representative. The Governor-General will act on the advice of the [[Minister of Justice (New Zealand)|Minister of Justice]], and has the power to grant a pardon, reduce a sentence, or refer a case back to the courts for reconsideration.<ref name=GGNZ-RPM>{{cite web |url= http://gg.govt.nz/role/royalprerogative.htm |title= The Governor-General - The Royal Prerogative of Mercy |work= Te Kawana Tianara o Aotearoa |accessdate=17 June 2013}}</ref>
Officially, this is a power of the monarch. Formally, in [[Commonwealth realms]], this has been delegated to the Governor-General of the realm, which in practice means to government ministers who advise the monarch or viceroy, usually those responsible for justice. Specifically, it has been delegated to the [[Lord High Chancellor of Great Britain|Lord Chancellor]] in [[England and Wales]]; the [[Scottish Ministers]] in [[Scotland]]; and the federal cabinet in [[Canada]].<ref name=Canada-PBC-CLCC-FS14-RPM>{{cite web |url= http://pbc-clcc.gc.ca/infocntr/factsh/man_14-eng.shtml |title= Royal Prerogative of Mercy - Fact Sheet |work= Parole Board of Canada|date= 4 November 2008}}</ref>
In [[Australia]], the Governor-General acts on the advice of the [[Attorney-General for Australia|Attorney-General]] or [[Minister for Justice (Australia)|Minister for Justice]], and may only exercise the prerogative of mercy in relation to a federal offender convicted of a Commonwealth offence. The pardon may be a full pardon (said to be a free, absolute and unconditional pardon), a conditional pardon, or a remission or partial remission of a penalty.<ref name=GGAUS-RPM>{{cite web |url= http://www.ag.gov.au/CrimeAndCorruption/FederalOffenders/Pages/Royalprerogativeofmercyandreferralofmatterstostateandterritorycourts.aspx |title= Royal prerogative of mercy and referral of matters to state and territory courts |work= Attorney General's Department |accessdate=26 December 2013}}</ref>
In [[New Zealand]], the prerogative of mercy is exercised by the Governor-General as the Queen's representative. The Governor-General will act on the advice of the [[Minister of Justice (New Zealand)|Minister of Justice]], and has the power to grant a pardon, reduce a sentence, or refer a case back to the courts for reconsideration.<ref name=GGNZ-RPM>{{cite web |url= http://gg.govt.nz/role/royalprerogative.htm |title= The Governor-General - The Royal Prerogative of Mercy |work= Te Kawana Tianara o Aotearoa |accessdate=17 June 2013}}</ref>


In the important [[Derek Bentley case|case of Derek Bentley]], a court found that this royal prerogative power is "probably" entirely a matter of policy, and thus not [[judicial review|justiciable]].<ref>{{cite news|title=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)|date=8 July 1993|first=Paul|last=Magrath|work=[[The Independent]]|location=London|url=http://www.independent.co.uk/news/uk/law-report-court-recommends-bentley-pardon-regina-v-secretary-of-state-for-the-home-department-ex-parte-bentley--queens-bench-divisional-court-lord-justice-watkins-lord-justice-neill-and-mr-justice-tuckey-7-july-1993-1483553.html|accessdate=24 December 2013}}</ref>
In the important [[Derek Bentley case|case of Derek Bentley]], a court found that this royal prerogative power is "probably" entirely a matter of policy, and thus not [[judicial review|justiciable]].<ref>{{cite news|title=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)|date=8 July 1993|first=Paul|last=Magrath|work=[[The Independent]]|location=London|url=http://www.independent.co.uk/news/uk/law-report-court-recommends-bentley-pardon-regina-v-secretary-of-state-for-the-home-department-ex-parte-bentley--queens-bench-divisional-court-lord-justice-watkins-lord-justice-neill-and-mr-justice-tuckey-7-july-1993-1483553.html|accessdate=24 December 2013}}</ref>

Revision as of 01:44, 13 May 2017

"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, in which he or she 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" has been used since at least 1617.[1] It is now used to change any sentence or penalty.[2] A royal pardon does not itself overturn a conviction.

Officially, this is a power of the monarch. Formally, in Commonwealth realms, this has been delegated to the Governor-General of the realm, which in practice means to government ministers who advise the monarch or viceroy, usually those responsible for justice. Specifically, it has been delegated to the Lord Chancellor in England and Wales; the Scottish Ministers in Scotland; and the federal cabinet in Canada.[3]

In Australia, the Governor-General acts on the advice of the Attorney-General or Minister for Justice, and may only exercise the prerogative of mercy in relation to a federal offender convicted of a Commonwealth offence. The pardon may be a full pardon (said to be a free, absolute and unconditional pardon), a conditional pardon, or a remission or partial remission of a penalty.[4]

In New Zealand, the prerogative of mercy is exercised by the Governor-General as the Queen's representative. The Governor-General will act on the advice of the Minister of Justice, and has the power to grant a pardon, reduce a sentence, or refer a case back to the courts for reconsideration.[2]

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.[5]

The royal pardon can be contrasted with the statutory pardon, which is a pardon issued through an Act of Parliament or an Order-in-Council. The statutory pardon is preferred in most cases. In the United Kingdom, only four royal pardons have been granted since the end of World War II[citation needed].

Examples

In 2001 two inmates at HMP Prescoed, south Wales, received early release under the Royal prerogative of mercy when they saved the life of the manager of the prison farm when he was attacked and gored by a captive wild boar.[6]

In 2013 a posthumous pardon was awarded to Alan Turing under the Royal prerogative of mercy. Wartime codebreaker Turing had been convicted of gross indecency in 1952.[7]

See also

References

  1. ^ Acts of the Privy Council of England, Colonial Series, Vol. I, 1613-1680, p.12. (1908)
  2. ^ a b "The Governor-General - The Royal Prerogative of Mercy". Te Kawana Tianara o Aotearoa. Retrieved 17 June 2013.
  3. ^ "Royal Prerogative of Mercy - Fact Sheet". Parole Board of Canada. 4 November 2008.
  4. ^ "Royal prerogative of mercy and referral of matters to state and territory courts". Attorney General's Department. Retrieved 26 December 2013.
  5. ^ 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.
  6. ^ [1]
  7. ^ [2]
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