Can the queen be charged with a criminal offence?

[plowter]

Pub argument

Constitutionaly, can the queen ever be charged with a criminal offence?

[mrs_overall]

No

[MarkRae]

The last time a reigning monarch appeared in the dock was Charles I. The monarch is, to all intents and purposes, immune from prosecution.

[mike11111]

No, because she would have to prosecute herself. This does not mean that she would get away with it though; if a serious offence parliament would depose her and then she could be charged.

[boxtops]

No http://answers.yahoo....20080418142834AAC2tzb it would need an Act of Parliament

[mike11111]

She can, however, be sued in the civil courts.

[starone]

What could she do that would be criminal? Steal something - hardly. Breaking and entering - what for? Murder (wouldn't blame her in certain cases). No she is watched over and cosseted all the time, she has no opportunity to do anything criminal even if she wanted to, so the answer has to be no.

[plowter]

Thanks all.
I thought criminal offences were basically HM Queen v Joe Bloggs.
So HM Queen v HM Queen doesn't make sense.

[JonnyBoy12]

The only crime the Queen can be charged with is bad spelling whilst on the Answerbank. Noone is allowed to get away with with that, not even the Monarch of England.

Signed

The Spelling Police.

[ABerrant]

So Peter Noone is allowed to get away with with [sic] that.

Signed

The Troll Police.

[plowter]

No-one

[grffindoor2011]

I'm sure if the Queen was caught on national tv gunning down the public, she would be arrested and charged. Not one they could hush up. The public wouldn't accept no charges being brought because she is the Queen.

[elliemay1]

What about if she bashed Harry over the head? does that constitute a criminal offence?

[HowardKennitby]

I believe that Boxy is correct. It would require an act of parliament to remove all protection to allow any form of prosecution.

[grffindoor2011]

@elliemay1 - Would love to see that headline 'One hits Harry on head, he is not aumused'

[FredPuli43]

What new Act of Parliament could remove her? She'd refuse to give the Royal Assent to it, without which the bill, as it would be, would not become an Act and so a law.

But she could be removed for not complying with the agreements made by William of Orange and Mary when they became joint monarchs. If, for example, she became a Roman Catholic she'd have committed an act causing her instant dismissal.

She cannot be prosecuted for a criminal offence in the ordinary way, since she would be bringing the prosecution as monarch against herself; Regina versus Reginam is not in prospect. Charles I was prosecuted and tried for treason, pleaded as, inter alia, waging war against his own people. By that precedent, if she acted as Charles did, she too could be tried for treason (though at common law, not statute, unless the Treason Acts don't specify acting against the King/Queen as an element of the offence)

[Gladeian]

HM The Queen is the fount of justice and cannot be prosecuted.

[glasman]

One would not put oneself in the position of this happening, would one?

[jake-the-peg]

Well if she was out driving in Balmoral and knocked over one of the staff the might be a problem!

But putting that aside there are limitations to the Soverign's powers in statutes like the Bill of rights.

Should the Queen attempt to raise taxes without Parliamentry aggreement or any of the other things laid out in the Bill of Rights then I guess technically she'd have broken the law

http://en.wikipedia.o...i/Bill_of_Rights_1689

In the incredibly unlikely event of something like that though I can't see anyone being charged - it would simply be the end of the monarchy