At Her Majesty's pleasure ("His Majesty" when appropriate) is a legal term of art that is derived from the fact that the law's authority stems from the Crown. Originating from the United Kingdom, it is now used throughout the Commonwealth realms of the Commonwealth of Nations, though usually only in a traditional manner. The expression Queen's Pleasure is sometimes used in common speech to indicate a criminal sentence of a length at Her Majesty's pleasure.
In realms where the monarch is represented by a viceroy, the phrase may be modified to at the Governor's pleasure, since the governor is the Queen's representative in the country.[1] In Hong Kong, after it ceased to be a British colony in 1997, the term was modified to at executive discretion,[2] while in Botswana it became "during the President's pleasure".[3]
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Service to the Crown
People appointed by the sovereign to serve the Crown, for example a Governor-General or other such viceroys, and who have no set limit to the time they occupy their given office, are said to serve at Her Majesty's pleasure.
In Canada, provincial Lieutenant Governors are appointed by the Canadian monarch's federal representative, the Governor General, and are thus described in the Constitution Act, 1867, as holding office "during the pleasure of the Governor General." Australian Ministers of the Crown are, by the Commonwealth of Australia Constitution Act, appointed to serve "during the pleasure of the Governor-General,"[4]
In republican governments such as that of the United States, the phrase during good behavior is usually used for this purpose. When an official is said to serve at the President's pleasure, it usually means that he or she serves for at most the duration of the President's current term unless explicitly retained. The primary example of this is members of the Cabinet, who generally must be explicitly re-hired by the President after the President's reelection.[dubious ]
Incarceration
The term is used to describe detainment in prison for an indefinite length of time.[5] A judge may rule that a person be "detained at Her Majesty's pleasure" for serious offences. This is sometimes used where there is a great risk of reoffending; however, it is most often used for juvenile offenders, usually as a substitute for life sentencing (which would naturally be much longer for younger offenders). For example, the English Powers of Criminal Courts (Sentencing) Act 2000 states:
"Where a person convicted of murder or any other offence the sentence for which is fixed by law as life imprisonment appears to the court to have been aged under 18 at the time the offence was committed, the court shall (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty’s pleasure."[6]
Prisoners held at Her Majesty's pleasure are frequently reviewed to determine whether their sentence can be deemed complete; although this power traditionally rested with the monarch, such reviews are now made by the Home Secretary. Minimum terms are also set, before which the prisoner cannot be released; these were originally set by the Home Secretary, but since 30 November 2000 have been set by the trial judge.[7] Prisoners' sentences are typically deemed to be complete when the reviewing body is "satisfied that there has been a significant change in the offender's attitude and behaviour."[7]
See also
References
- ^ Australian government publication which mentions "at the Governor's pleasure"
- ^ Hong Kong Long-term prison sentences review ordinance - Section 4
- ^ Section 26 Penal Code[1]
- ^ Commonwealth of Australia Constitution Act; An Act to constitute the Commonwealth of Australia; July 9, 1900
- ^ Section 53 of the [1933 c. 12.] Children and Young Persons Act 1933.
- ^ "Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) s. 90". Powers of Criminal Courts (Sentencing) Act 2000. Office of Public Sector Information. http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=6&BrowseLetter=P&NavFrom=1&parentActiveTextDocId=2138843&ActiveTextDocId=2138986&filesize=2129. Retrieved 2009-05-19.
- ^ a b HM Courts Service: Review of Minimum Terms set for Young Offenders detained at her Majesty's Pleasure. Statement from the Lord Chief Justice about the 2000 changes.
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