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At Her Majesty's Pleasure
From Wikipedia, the free encyclopedia
At Her Majesty's Pleasure is a legal phrase which originated in the United Kingdom, and is now used throughout all the Commonwealth Realms, though usually only in a traditional manner. When a King reigns, the corresponding phrase is At His Majesty's Pleasure.
People appointed by the Sovereign to serve the Crown, for example a Governor-General or other such Vice-regals, and who have no set limit to the time they occupied their given office, are said to "serve at Her Majesty's Pleasure."
In Canada, provincial Lieutenant Governors are appointed by the Canadian Monarch's representative, the Governor General. However, they are still considered direct representatives of the Crown in their respective province. Therefore, it is unclear whether he or she could be described as "serving at the Governor's pleasure" or "serving at Her Majesty's pleasure."
The term is used to describe detainment in prison for an indefinite length of time.[1]
A judge can 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 Powers of Criminal Courts (Sentencing) Act 2000 states:
"Where a person convicted of murder 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."[2]
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.[3] 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".[3]
The phrase "at Her Majesty's pleasure" derives from the fact that the authority of the law, including the Courts and the Prisons, is derived from the Crown, and the fact that prisoners are detained until the monarch pleases.
In other Commonwealth Realms, the phrase can be modified to "at the Governor's pleasure," since the Governor is the Queen's representative in the country concerned.[4]
In Hong Kong, after it ceased to be a British colony, the term was modified to "at Executive discretion".
- ^ Section 53 of the [1933 c. 12.] Children and Young Persons Act 1933.
- ^ OPSI: Powers of Criminal Courts (Sentencing) Act 2000
- ^ 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.
- ^ Australian government publication which mentions "at the Governor's pleasure"