The Queen And Lawbreaking: Who Judges The Judge?

what happens if the queen breaks the law

The British monarch is effectively above the law. Queen Elizabeth II, for example, was exempt from criminal and civil proceedings and could not be arrested or prosecuted. This is known as crown immunity or sovereign immunity. While the Queen could theoretically get away with breaking any law, from extortion to arson, she was careful to ensure that her activities were carried out in strict accordance with the law. Now that King Charles III is on the throne, he enjoys the same immunity. However, if he were to be removed from his office as monarch, he could then be prosecuted like any other citizen.

Characteristics Values
Arrested No
Subject of civil and criminal proceedings No
Prosecuted under a civil or criminal investigation No
Need a passport No
Need a driver's license No
Need a number plate No
Need to pay taxes No
Need to take part in jury duty No
Need to obey the speed limit No
Need to use their legal last name No

lawshun

The Queen has sovereign immunity and cannot be prosecuted

The Queen is the head of the justice system in the UK, and all cases taken to court are 'The Queen versus...'. This would complicate things if the Queen were to find herself in trouble with the law, as she is the law. The Queen's word in the United Kingdom is the law. She could, for instance, walk into any shop in the country and loot the place if she wished.

The Queen's immunity from prosecution extends to civil proceedings, meaning she cannot be sued. She also cannot be interviewed by the police and would never have to testify in court if she did not wish to. Furthermore, the Queen benefits from diplomatic immunity, meaning she can commit a crime almost anywhere in the world and avoid prosecution.

While the Queen has sovereign immunity in her capacity as the monarch, this immunity does not extend to the rest of the Royal Family. There are, however, certain stipulations for members of the Royal Household, who cannot be arrested in civil proceedings or in the presence of the Queen, or anywhere near Buckingham Palace.

lawshun

She is also immune from civil proceedings and cannot be sued

The Queen enjoys sovereign immunity, which means that she cannot be prosecuted under a civil or criminal investigation. This means that the Queen is also immune from civil proceedings and cannot be sued. This is because the Queen is the official head of the justice system, and all cases taken to court are 'The Queen versus...'. This means that if the Queen were to find herself in trouble with the law, she would be, in a sense, suing herself.

The Queen's immunity from civil proceedings is ensured by sovereign immunity, which dictates that the Queen 'cannot commit a legal wrong'. This means that the Queen cannot be subject to any civil proceedings and, therefore, cannot be sued. This is a long-standing constitutional convention that the monarch can do no wrong.

The Queen also benefits from diplomatic immunity, which means that she can commit a crime almost anywhere in the world and be immune from civil proceedings and not be sued.

While the Queen has the power to break any law without consequence, the royal family's official website notes that:

> 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.

lawshun

The Queen does not need a passport to travel

As the UK's head of state, the Queen enjoys certain privileges that others do not. One of these is that she does not need a passport to travel, although she is still required to go through an identity check when entering or exiting Britain. During this check, she must give her full name, age, address, nationality, gender, and place of birth to officials at the border.

The reason the Queen does not need a passport is that British passports are issued in her name. Every UK passport carries the following message: "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." As the passports are issued in her name, it is unnecessary for the Queen to possess one.

The Queen's eldest son, King Charles III, did require a passport to travel abroad when he was heir apparent. However, now that he is King, he no longer needs one. The same will be true for Prince William when he becomes King. All other members of the Royal Family who are not the monarch are also required to have a passport.

The Queen is the only person in the world who can legally enter another country without a passport, according to Reader's Digest.

Melania Trump: Immigration Law Violator?

You may want to see also

lawshun

She is not required to have a driver's license

As the reigning monarch, Queen Elizabeth II is exempt from many laws that apply to her subjects. One of the many perks she enjoys as the sovereign is that she can legally drive without a driver's license. This is because all driving licenses in the UK are issued in the name of the monarch, so it would be redundant for the Queen to issue herself a license.

The Queen learned to drive during World War II when she joined the Women's Auxiliary Territorial Service as an honorary second subaltern. At the age of 18, she trained as a driver and mechanic, learning how to change tires, rebuild engines, and drive ambulances and trucks. She earned a reputation for not being afraid to get her hands dirty and was promoted to honorary junior commander five months later, in the summer of 1945.

The Queen is a well-known car enthusiast and has often been pictured driving herself to some of her favorite events, such as the Royal Windsor Horse Show. She has an impressive car collection worth over £10 million, including Land Rovers, Range Rovers, a Bentley, and a Jaguar.

In addition to not requiring a driver's license, the Queen is also allowed to drive without a number plate on her state car, and she does not need a passport when traveling, as all British passports are issued in her name. These are just a few of the many privileges that the Queen, as the sovereign, enjoys under UK law.

lawshun

The British legal system treats the monarch differently from other citizens. The reigning monarch, currently King Charles III, is immune from criminal and civil prosecution, a privilege known as crown immunity or sovereign immunity. This means that the monarch cannot be arrested, charged, or tried for any criminal offence or put under a civil investigation. However, this immunity only applies to the monarch in their capacity as the king or queen. If the king or queen is removed from their position, they can be prosecuted like any other citizen.

While the monarch is exempt from certain laws, they are not entirely above the law. Parliament, as the supreme legislative body, has the power to remove a sitting monarch, and this has happened three times in the past. For example, King Edward VIII abdicated in 1936 when he wished to marry an American divorcee against the advice of the government and the Church of England. If King Charles III were to commit a crime, Parliament could, in theory, vote to dethrone him and make Prince William the next king. At that point, Charles III would no longer enjoy crown immunity and could be prosecuted and arrested like an ordinary citizen.

Now, regarding the question of custody, there is a 300-year-old rule that suggests that the king has automatic legal custody of all his descendants and minor grandchildren. This rule stems from a disagreement between King George I and his son over how the latter was raising his children. Judges ruled in King George I's favour, stating that "the king's right of supervision extended to his grandchildren, and this right of right belongs to His Majesty, King of the Realm, even during their father's lifetime."

However, it is important to note that this rule is not an Act of Parliament but a royal prerogative established in the early 18th century and is therefore not legally binding. While it gives the monarch legal custody of their grandchildren, it is unlikely that the king would ever take his grandchildren away from their parents. In the case of the current royal family, King Charles III technically has custody of Prince William and Kate Middleton's three children, as well as Prince Harry and Meghan Markle's children. Still, it is highly improbable that he would ever need to invoke this right, as there is already a strong support structure in place for these grandchildren, including parents and grandparents.

Whitmer's Actions: Lawful or Criminal?

You may want to see also

Frequently asked questions

No. The Queen enjoys sovereign immunity, which means she cannot be prosecuted under civil or criminal investigations.

No. The Queen cannot be subject to any civil proceedings and therefore cannot be sued.

No. The Queen cannot be interviewed by the police and would never have to testify in court.

No. The Queen is not legally required to pay taxes, but she has been voluntarily paying income taxes since 1992.

No. The Queen does not need a passport to travel as all passports in the UK are issued in her name.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment