Royal Prerogative of Mercy

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. 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, 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 and provincial cabinets in Canada, 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.

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Any application made at the moment would, in the first instance, go to Shabana Mahmood. A campaign group is starting to look at what the first steps towards approaching her should be.