can the queen go to jail?

[aimsk]

under what circumstances could we ever send the queen or king of england to prison?

[raindog]

I read at one point that when the queen asks the winner of the general election to form a government she effectively passes control to him/her and could, technically be asked to sign their own 'death warrant' by them.  If found guilty of a criminal offence that carries a prison term there is not, I'm fairly certain, anything written into law that excludes this applying to the royal family.

[IndieSinger]

Is it true that the Queen cannot, under any circumstances, go to court? I know everyone else (Prince Philip, Harry et al) can, but I'm sure the Queen can't.

[ludwig]

I was wondering about this the other day. If the queen committed a crime, who would prosecute her? Court cases are always 'the crown versus so and so'. Presumably the Crown Prosecution Service would have to prosecute the queen on behalf of herself? I don't know the answer. Is there a lawyer in the house?

[New Forester]

Would the Queen not be tried by her peers -- in her case, the Peers, the House of Lords?

 

Who tried Charles the First?

[el duerino]

she is immune from prosecution. the courts derive their authority from her, hence they could not technically use it against her. other royals may be possibly prosecuted dont know

[Peter Pedant]

Hi boys I want a go!

Ivor Jennings (no really) Prof of Consitutional Hx at Cge gave Queen Elizabeth advice in 1962 as to who she should ask to form a govt. The conservatives had said after Mac resigned your next prime minister is Alec Douglas home and she asked him do I have to?

(Short answer, Yes)

Princess Anne (another royal) was fined for having a dangerous dog, so the answer to can other Royals go to Prison is yes. A historical example Mary I Tudor committed the lady Elizabeth to the Tower. Tha's when she sat on the steps of Traitors' gate and refused to go in.

Edward VII as prince of wales was dragged into court to testify during the famous Baccarat scandal as a wintess of fact. The attorney general gave an opinion and into the box he went. (1890s)

Charles I was tried by Parliament and constantly refused during his trial to recognise their authority. It didnt do him much good and he lost his head, if you remember. He also spent time in prison both in England and Scotland.

Edward II spent time in Berkeley Castle - more specifically the sewers

Henry VI spent time in prison courtesy of Edward IV

So it does look as though monarchs have spent time in prison - but the really question is, can they be lawfully sentenced by one of their own judges?

Hmmm...good question, ask a lawyer.

[Hgrove]

The following may be of interest. From: H. Barnett: Constitutional and Administrative Law, Third Ed., page 419-420.  Sorry I have had to shorten it a bit.  "Before the Crown Proceedings Act 1947, two main principles governed the question of the legal liability of the Crown.  The first principle was that "the King could do no wrong" and, accordingly, could not be held liable for any actions which would be unlawful if committed by individuals. The second rule was that the King could not be sued in his own courts. (�) In 1947, the Crown Proceedings Act extended the liability of the Crown to areas of tort and contract.  In relation to tortious liability, the Crown is placed in the same legal position as any other adult individual (�)  Two important exceptions to liability remain: liability in respect of actions of members of the armed forces while on duty (�) and liability for tortious actions committed by the Post Office.  In respect of a breach of statutory duties imposed on private persons, the Crown is liable when the statute in question is one that binds the Crown. "

[bernardo]

Only by having a revolution.

[cheyenne]

isnt buck house the queens own prison??

[New Forester]

Ah, Vinny100 has the nub -- like us peasants, the Queen is already imprisoned by her circumstances.

 

[mokkawokka]

All criminal prosecutions in this country brought by the CPS are brought on behalf of The Crown, in other words the Queen, as it is her laws that have been broken.

She can't break her own laws, because she 'is' the law. She could never be prosecuted so could never go to prison. A simple example of this is that you'll never see the queen's car displaying a registration number.

[raindog]

But could the queen commit treason? Edward VII (do I mean seventh-the Mrs Simpson guy) consorted with foreign powers during the run up to WWII-could he have been tried for treason afterwards, if he hadn't abdicated?

[kr123]

the curent monarch can go to jail for breaking one 'law', that for treason against the state. The monarcg can be tried by a special tribuneral set up by parliament, the protectors of the law. nobody is above treason to the state.