The Queen's Legal Controversy: Did She Break The Law?

The British Royal Family has a long history of being considered above the law. While the Queen's power has diminished over the years, she is still, in theory, untouchable by the law. The Queen is careful to ensure that all her activities in her personal capacity are carried out in strict accordance with the law. However, if she were to break the law, there would be no legal repercussions. This is due to the sovereign immunity that the Queen enjoys, which means she can't be prosecuted under a civil or criminal investigation. This has been the case for centuries and remains true and practicable today.

The Queen is above the law

However, it is important to note that the Queen does not test this prerogative. The official British Monarchy website states:

> Although civil and criminal proceedings cannot be taken against the Sovereign as a person under UK law, The Queen is careful to ensure that all her activities in her personal capacity are carried out in strict accordance with the law.

Indeed, Queen Elizabeth II has never been in a position where her legal standing is in question, as it cannot be questioned. Regardless of what the Queen does, it cannot be declared illegal.

The Queen has many other legal privileges, including exemption from paying taxes, from needing a driver's license, and from requiring a passport to travel. She also has automatic legal custody of all her descendants and minor grandchildren.

The Queen doesn't pay taxes

The Queen of the United Kingdom is exempt from paying taxes. Under the Sovereign Grant Act of 2011, Queen Elizabeth II is not "legally liable to pay income tax, capital gains tax or inheritance tax because the relevant enactments do not apply to the Crown".

However, since 1993, the Queen has voluntarily paid taxes on her private income, in the same way as everyone else. This includes income tax, capital gains tax, and inheritance tax on the Queen's Privy Purse income "to the extent that it is not used for official purposes". The Queen's decision to pay income tax was announced by Prime Minister John Major in 1992, and was reportedly made to defuse resentment over the royal wealth and lifestyle among the British public.

The Queen's income is derived from a number of sources, including the Duchy of Lancaster, a private estate that includes a portfolio of lands, properties, and assets held in trust for the sovereign. The Duchy of Lancaster made close to £22 million in revenue in 2021. The Queen also receives income from the Crown Estate, a state-owned property empire that owns the entire seabed off Britain's coast, among other things. The level of funding the Queen receives from the Crown Estate is pegged to its profits, and this funding cannot be reduced, even if the profits of the Crown Estate fall.

The Queen's decision to voluntarily pay taxes does not extend to all members of the Royal Family. While other members of the Royal Family are "fully liable to pay tax in the normal way", Prince Andrew, the Duke of York, for example, has not paid taxes.

The Queen doesn't need a passport

The Queen of England, Queen Elizabeth II, is the only person in the world who can legally enter another country without a passport. This is because every passport in the United Kingdom is issued in the name of Her Majesty, and the first page contains the following wording:

> Her Britannic Majesty's Secretary of State requests and requires in the name of Her Majesty all those whom it may concern to allow the bearer to pass freely without let or hindrance and to afford the bearer such assistance and protection as may be necessary.

Therefore, as British passports are issued in the name of Her Majesty, it is unnecessary for the Queen to possess one. All other members of the Royal Family, including The Duke of Edinburgh and The Prince of Wales, require passports.

In realms (Commonwealth countries where the Queen is Sovereign), a similar formula is used, except that the request to all whom it may concern is made in the name of the realm's Governor-General, as the Queen's representative in that realm. In Canada, the request is made in the name of Her Majesty by the Minister of Foreign Affairs.

The Queen is also exempt from any prosecution, although civil and criminal proceedings cannot be taken against the Sovereign as a person under UK law. The official site of the Monarchy states:

> Although civil and criminal proceedings cannot be taken against the Sovereign as a person under U.K. law, the Queen is careful to ensure that all her activities in her personal capacity are carried out in strict accordance with the law.

The Queen also does not need a driver's license, as all British licenses are issued in her name. She also does not need a license plate on her vehicles.

The Queen doesn't need a driver's license

The Queen of the United Kingdom is the only person in the country who does not need a driving licence to drive. This is because driving licences are issued in her name. While the Queen has never needed to sit a driving test, she did train as a driver and mechanic during World War II, when she joined the Women's Auxiliary Territorial Service as an honorary second subaltern. She learned how to change a wheel, rebuild engines, and drive ambulances and trucks.

The Queen often drives herself to one of her favourite events, the Royal Windsor Horse Show, and has been pictured driving around her Windsor estate in her Jaguar. She has also been known to drive a Range Rover, and her car collection is said to be worth £10 million.

The Queen's position as exempt from needing a driving licence is one of the many legal privileges she holds as the sovereign. She is also able to travel without a British passport, as all British passports are issued in her name.

The Queen has automatic custody of her grandchildren

The Queen of England, Elizabeth II, is exempt from many laws that apply to her subjects. For example, she does not pay taxes, does not need a driver's license, and can enter other countries without a passport. She is also technically allowed to break any law without being arrested or prosecuted. However, it is important to note that the Queen chooses to follow the law and does not take advantage of her legal exemptions.

One of the more unusual perks of being the Queen is that she is said to have automatic custody of her minor grandchildren, according to a 300-year-old rule. This rule was established in 1717 when King George I disagreed with his son, the future King George II, about how his grandchildren were being raised. Judges ruled in King George I's favor, stating that "the king's right of supervision extended to his grandchildren, and this right...belongs to His Majesty, King of the Realm, even during their father's lifetime."

This rule, known as "The Grand Opinion for the Prerogative Concerning the Royal Family," gives the reigning monarch legal custody over their minor heirs, usually the younger grandchildren and great-grandchildren. However, it is considered an outdated royal prerogative and not an Act of Parliament, so it is not legally binding today. While the Queen technically has this right, it is highly unlikely that she would ever invoke it. There is already a large support structure in place for the royal children, including parents, grandparents, aunts, and uncles.

In conclusion, while the Queen does have certain legal exemptions and privileges due to her position, she chooses to abide by the law and respect the boundaries of her role. The automatic custody of her grandchildren is a legal technicality that is unlikely to ever be exercised and is more a relic of the past than a practical aspect of the modern monarchy.

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