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At Her Majesty's pleasure

At Her Majesty's pleasure

At Her Majesty's pleasure (sometimes abbreviated to Queen's pleasure or, when applicable, at His Majesty's pleasure or King's pleasure) is a legal term of art referring to the indeterminate or undetermined length of service of certain appointed officials or the indeterminate sentences of some prisoners. It is based on the concept that all legitimate authority for government comes from the Crown. Originating in the United Kingdom, it is now used throughout the Commonwealth realms. In realms where the monarch is represented by a governor-general, governor or administrator, the phrase may be modified to be at the Governor's pleasure, since the governor-general, governor, lieutenant governor or administrator is the Queen's personal representative in the country, state or province.

Service to the Crown

People appointed by the sovereign to serve the Crown and who have no set limit to the time they occupy their given office—for example, governors general and ministers of the Crown—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".[1] Similarly, Australian ministers of the Crown are, by the Commonwealth of Australia Constitution Act 1900, appointed to serve "during the pleasure of the Governor-General".[2]

Incarceration

The term is used to describe detention in prison for an indefinite length of time;[3][4] r juvenile offenders, usually as a substitute for life sentencing (which might be much longer for younger offenders). For example, section 90 of the United Kingdom's Powers of Criminal Courts (Sentencing) Act 2000 (which only extends to England and Wales) 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."[5]

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 others—the Home Secretary in England and Wales, for instance. Minimum terms are also set, before which the prisoner cannot be released; in England and Wales, these were originally set by the Home Secretary, but since 30 November 2000 have been set by the trial judge.[6] 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".[6]

Derivatives

In Commonwealth republics, such as Botswana,[7] India[8] and Singapore,[9] the term used is "during the President's pleasure".

In Hong Kong, following the transfer of its sovereignty to China in 1997, the term was modified to "at executive discretion".[10] Subsequently this was held to be incompatible with the separation of powers enshrined in the Basic Law by Judge Michael Hartmann in the case Yau Kwong Man v. Secretary for Security.[11]

In the United States, the equivalent standard for political appointments is called "at the pleasure of the President". There is no analogous prison sentence.

See also

  • Crime in Canada

  • Her Majesty's Prisons

References

[1]
Citation Linkweb.archive.orgVictoria (29 March 1867), Constitution Act, 1867, V.59, Westminster: Queen's Printer, archived from the original on 3 February 2010, retrieved 21 January 2010
Sep 29, 2019, 4:15 PM
[2]
Citation Linkwww.comlaw.gov.auVictoria (1 January 1901), Commonwealth of Australia Constitution Act, II.62, Westminster: Queen's Printer, retrieved 21 January 2010
Sep 29, 2019, 4:15 PM
[3]
Citation Linkopenlibrary.orgBlackstone, William (1836), Commentaries on the Laws of England: in four books; with an analysis of the work, Volume 2, 24, London: Law Booksellers & Publishers
Sep 29, 2019, 4:15 PM
[4]
Citation Linkopenlibrary.orgGeorge V (1933), Children and Young Persons Act 1933, 53, Westminster: King's Printer
Sep 29, 2019, 4:15 PM
[5]
Citation Linkwww.statutelaw.gov.ukElizabeth II (2000), Powers of Criminal Courts (Sentencing) Act 2000, 90, Westminster: Queen's Printer, archived from the original on 14 December 2007, retrieved 21 January 2010
Sep 29, 2019, 4:15 PM
[6]
Citation Linkwww.hmcourts-service.gov.ukHer Majesty's Courts Service. "Legal/Professional > Minimum Terms > Review of Minimum Terms set for Young Offenders detained at her Majesty's Pleasure". Queen's Printer. Archived from the original on 2 January 2010. Retrieved 21 January 2010.
Sep 29, 2019, 4:15 PM
[7]
Citation Linkwww.laws.gov.bwElizabeth II (10 June 1964), Penal Code (PDF), 26, Gaborone: Government of Botswana, retrieved 21 January 2010
Sep 29, 2019, 4:15 PM
[8]
Citation Linkwww.thehindu.comMohan, S. (22 June 2014). "The doctrine of 'pleasure' and some Governors' tenures". The Hindu. Retrieved 5 January 2017.
Sep 29, 2019, 4:15 PM
[9]
Citation Linkwww.hometeamvolunteers.gov.sg"The President's Pleasure Review Board". Home Team Volunteers. Archived from the original on 17 March 2018. Retrieved 5 January 2017.
Sep 29, 2019, 4:15 PM
[10]
Citation Linkwww.legislation.gov.hkHong Kong SAR (16 July 2004), Long-Term Prison Sentences Review Ordinance, Cap 524 s 4, Hong Kong: Official Printer, retrieved 18 October 2012
Sep 29, 2019, 4:15 PM
[11]
Citation Linkwww.hklii.hkYau Kwong Man v. Secretary for Security [2002] HKCFI 896; HCAL1595/2001 (9 September 2002)
Sep 29, 2019, 4:15 PM
[12]
Citation Linkwww.solon.orgConstitution Act, 1867
Sep 29, 2019, 4:15 PM
[15]
Citation Linkweb.archive.orgPowers of Criminal Courts (Sentencing) Act 2000
Sep 29, 2019, 4:15 PM
[17]
Citation Linkweb.archive.org"Legal/Professional > Minimum Terms > Review of Minimum Terms set for Young Offenders detained at her Majesty's Pleasure"
Sep 29, 2019, 4:15 PM
[21]
Citation Linkweb.archive.org"The President's Pleasure Review Board"
Sep 29, 2019, 4:15 PM
[25]
Citation Linken.wikipedia.orgThe original version of this page is from Wikipedia, you can edit the page right here on Everipedia.Text is available under the Creative Commons Attribution-ShareAlike License.Additional terms may apply.See everipedia.org/everipedia-termsfor further details.Images/media credited individually (click the icon for details).
Sep 29, 2019, 4:15 PM