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.[1] It is now used to change any sentence or penalty.[2] A royal pardon does not overturn a conviction.
In modern times, by constitutional convention, the prerogative is exercised by the Sovereign on ministerial advice.[3][4][5] Those responsible for recommending its exercise are:
In Commonwealth realms other than the United Kingdom the prerogative is exercised by the governor-general of the realm on behalf of the Sovereign, but still on the advice of government ministers. Specifically, it has been delegated to the federal and state Attorneys-General in Australia and the federal and provincial cabinets in Canada, in respect of federal and provincial offences.[7]
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.[8]
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