In the
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
and
British
British may refer to:
Peoples, culture, and language
* British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies.
** Britishness, the British identity and common culture
* British English, ...
tradition, the royal prerogative of mercy is one of the historic
royal prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
s of the
British monarch
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiwi ...
, by which they can grant
pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...
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
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
s; the alternative of
penal transportation
Penal transportation or transportation was the relocation of convicted criminals, or other persons regarded as undesirable, to a distant place, often a colony, for a specified term; later, specifically established penal colonies became their ...
to "partes abroade" was used since at least 1617. It is now used to change any sentence or penalty.
[ A royal pardon does not overturn a conviction.
Officially, this is a power of the monarch. Formally, in ]Commonwealth realms
A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonwealt ...
, 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
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
in England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, the Scottish Ministers in Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
, and the federal and provincial cabinets in Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, in respect of federal and provincial offences.
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
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of Standing (law), standing, which is used to determine if the party bringing the ...
.
Examples in Britain
In 1717, King George I's Proclamation for Suppressing of Pirates was issued, promising a general pardon to those pirates who surrendered to the authorities.
In 2001 two inmates at HMP Prescoed
HM Prison Prescoed (Welsh: ) is a Category D men's open prison, located in Coed-y-paen, three miles from Usk in Monmouthshire, Wales. Prescoed is operated by His Majesty's Prison Service, and acts as a satellite prison of the nearby HMP Usk. ...
, South Wales
Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
, received early release under the prerogative of mercy as a reward for saving the life of the manager of the prison farm when he was attacked and gored by a captive wild boar
The wild boar (''Sus scrofa''), also known as the wild swine, common wild pig, Eurasian wild pig, or simply wild pig, is a suid native to much of Eurasia and North Africa, and has been introduced to the Americas and Oceania. The species is ...
.
In 2013 a posthumous pardon was awarded to Alan Turing
Alan Mathison Turing (; 23 June 1912 – 7 June 1954) was an English mathematician, computer scientist, logician, cryptanalyst, philosopher, and theoretical biologist. Turing was highly influential in the development of theoretical com ...
under the prerogative of mercy. Wartime codebreaker Turing had been convicted in 1952 of gross indecency for a consensual homosexual relationship with an adult.
In 2020, the royal prerogative of mercy was used to reduce the minimum tariff that must be served before Steven Gallant could be considered for release on parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
. Gallant, who was serving life imprisonment for murder, was granted this reduction in sentence "in recognition of his exceptionally brave actions at Fishmongers' Hall
Fishmongers' Hall (sometimes shortened in common parlance to Fish Hall) is a listed building, Grade II* listed building adjacent to London Bridge. It is the headquarters of the Worshipful Company of Fishmongers, one of the 110 livery companies of ...
, which helped save people's lives despite the tremendous risk to his own" while confronting terrorist Usman Khan during the 2019 London Bridge attack.
Other Commonwealth countries
Australia
In Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, the Governor-General
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
acts on the advice of the Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
or Minister for Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
, 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, a remission or partial remission of a penalty, or the ordering of an inquiry. Each state and territory (apart from the Australian Capital Territory
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
, which only provides for an inquiry) has also enacted legislation providing for the reconsideration of convictions or sentences.
Canada
In Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
the royal prerogative of mercy is established in Letters Patent
Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl ...
of the Governor General
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
, who consistent with constitutional convention may grant pardons on the advice of a cabinet minister. In practice, Section 748 of the Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
gives the Governor in Council
The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of ap ...
(i.e. cabinet) the power to exercise the prerogative, which is the preferred approach. The process is administered by the Parole Board of Canada
The Parole Board of Canada (french: Commission des libérations conditionnelles du Canada; formerly known as the National Parole Board) is the Canadian government agency that is responsible for reviewing and issuing parole and criminal pardons in ...
. As Canada has a record suspension process, the royal prerogative is only exercised cases where there is substantial injustice or undue hardship. It is rarely granted: between fiscal years 2013-2014 and 2017-2018 there were only 2 requests for clemency under the prerogative granted, compared to over 9,000 record suspensions or pardons granted under legislative powers in fiscal year 2017-2018 alone.
New Zealand
In New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, the prerogative of mercy is exercised by the Governor-General
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
, as the King's representative, with the power being delegated by the Letters Patent 1983
The Letters Patent Constituting the Office of Governor-General of New Zealand is a royal decree and a part of the uncodified New Zealand constitution. Sometimes known as the Letters Patent 1983, the instrument has been amended twice (in 1987 and ...
. The Governor-General will act on the advice of the Minister of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
, and has the power to grant a pardon, refer a case back to the courts for reconsideration, and to reduce a person's sentence.
In 2013, Scott Watson was refused a pardon by Sir Jerry Mateparae
Lieutenant General Sir Jeremiah Mateparae (born 14 November 1954) is a former New Zealand soldier who served as the 20th Governor-General of New Zealand between 2011 and 2016, the second Māori person to hold the office, after Sir Paul Reeves ...
under the prerogative of mercy, following advice from the then-Minister of Justice Judith Collins
Judith Anne Collins (born 24 February 1959) is a New Zealand politician who served as the Leader of the Opposition and Leader of the New Zealand National Party from 14 July 2020 to 25 November 2021. She was the second female Leader of the Natio ...
. Kristy McDonald QC was appointed by the government in 2009 to review the evidence, and recommended to the government that there was a lack of new evidence to warrant an exercise of the prerogative of mercy.
In 2020 Andrew Little set up the Criminal Review Commission to review potential miscarriage of justices, as the threshold for the royal prerogative of mercy was deemed to be too high and other avenues to avoid miscarriages of justices were needed. Also in 2020, David Tamihere was granted the prerogative of mercy and his case was referred to the Court of Appeals to be reheard.
Malaysia
In Malaysia
Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
, the Yang di-Pertuan Agong
The Yang di-Pertuan Agong (, Jawi: ), also known as the Supreme Head of the Federation, the Paramount Ruler or simply as the Agong, and unofficially as the King of Malaysia, is the constitutional monarch and head of state of Malaysia. The of ...
has executive power to grant royal pardons. A high profile example is the pardon of politician Anwar Ibrahim
Anwar bin Ibrahim ( ms, انور بن ابراهيم, label= Jawi, script=arab, italic=unset, IPA: ; born 10 August 1947) is a Malaysian politician who has served as the 10th Prime Minister of Malaysia since November 2022. He served as the 12 ...
, who had been jailed for sodomy, by Muhammad V of Kelantan
Sultan Muhammad V (Jawi alphabet, Jawi: ; born 6 October 1969) has reigned as the 29th Sultan of Kelantan since September 2010 and served as the 15th Yang di-Pertuan Agong of Malaysia from December 2016 until his abdication in January 2019. He ...
after the 2018 Malaysian general election
The 2018 Malaysian General Election, formally known as the 14th Malaysian General Election (), was held on Wednesday, 9 May 2018, for members of the 14th Parliament of Malaysia. At stake were all 222 seats in the Dewan Rakyat (the legislature' ...
.
References
{{Reflist
Pardons
Mercy, Prerogative Of