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.
In modern times, by constitutional convention, the prerogative is exercised by the Sovereign on ministerial advice. Those responsible for recommending its exercise are:
- the Secretary of State for Justice within England, Wales, and the Channel Islands
- the Secretary of State for Defence for offences under military law
- the Lieutenant governor of the Isle of Man within the Isle of Man
- Scottish Ministers within Scotland
- the Secretary of State for Northern Ireland within Northern Ireland for reserved matters, and the Justice Minister for Northern Ireland for devolved matters.
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.
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.