Royal prerogative of mercy

Free pardons release a person from the effect of a penalty or a consequence of a sentence, but they do not quash or overturn the conviction, which remains after the pardon. They were traditionally used where new evidence demonstrated conclusively that no crime was committed or that the individual did not commit the offence, but the expansion of rights of appeal have reduced the need for free pardons, particularly since appeals have the power to quash the original conviction and provide a presumption of innocence. The most recent free pardons were granted to Michael Shields (2009) and, posthumously, to Alan Turing (2013).

Conditional pardons substitutes one type of sentence for another, and was often used to substitute a life sentence in place of the death penalty. The abolition of the death penalty and the increase in the rights of appeal, have meant this pardon is rarely used. The last use of the conditional pardon was the posthumous pardon of Derek Bentley in 1993.

Special remissions,[https://researchbriefings.files.parliament.uk/documents/CBP-9877/CBP-9877.pdf Commons Library Research Briefing: The royal prerogative and ministerial advice] (July 8, 2024) pp. 64-67. also called remission pardons, reduce the effect of a sentence, by releasing a prisoner from having to serve some or all of the remainder of their sentence in custody, but the sentence itself remains unaltered. Special remissions are normally granted on compassionate grounds (although there are now statutory powers available), after an offender provides information to help bring other offenders to justice after they have been convicted (however this is now partly covered by section 74 of the Serious Organised Crime and Police Act 2005), to recognize remarkably good conduct in custody, such as the prevention of escape, injury, or death, or to remedy an incorrectly calculated release date.

Use of the royal prerogative of mercy is exercised by the sovereign, under the advice of his ministers. The sovereign pledges to administer "Justice in Mercy" in the coronation oath. The last monarch who attempted to use the RPM on his own initiative was King George IV, who favored mercy in many cases. George wished to commute death sentence for a defendant in Clare who had burned his own house; the king backed down after Home Secretary Sir Robert Peel threatened to resign. Capital sentences passed at the Old Bailey were once reviewed at Privy Council meetings, but this practice ended so that cases of "an unnamable character" would not be discussed in Queen Victoria's presence.

RPMs are given effect via a warrant, given under the royal sign-manual. In England and Wales, notices of the use of the free pardons are, by convention, given to the Clerk of the Crown in Chancery, who seals them and arranges for notice to be published in the London Gazette.Oonagh Gay, [https://commonslibrary.parliament.uk/royal-prerogative-of-mercy-a-question-of-transparency/ Royal prerogative of mercy- a question of transparency], House of Commons Library (June 25, 2014). Conditional pardons and special remissions are not noticed in the London Gazette. Uses of the RPM in Northern Ireland are not customarily published in the Belfast Gazette.

In 2001, BBC News reported that only six UK prisoners were granted special remission in an average year.{{cite news |title=Heroic prisoners freed as reward |url=http://news.bbc.co.uk/2/hi/uk_news/wales/1396040.stm |publisher=BBC News |date=19 June 2001}}

Use of the royal prerogative of mercy diminished after the Criminal Cases Review Commission was established in 1997, creating an alternate route for review of possible flawed decisions in criminal prosecutions.

In a 2014 response to a parliamentary question, the Northern Ireland Office (NIO) reported that the royal prerogative of mercy was used more than 365 times in Northern Ireland between 1979 and 2002; there were no records for the period 1987 and 1997, as those were lost.[https://www.bbc.com/news/uk-northern-ireland-27260596 Royal prerogative of mercy: Over 350 issued in Northern Ireland], BBC News (May 2, 2014). The vast majority were not related to terrorism,[https://www.bbc.com/news/uk-northern-ireland-32034899 Sinn Fein's Gerry Kelly confirms he had royal pardon], BBC News (24 March 2015). but an unknown number were granted to members of paramilitaries or security forces. In 2015, the NIO disclosed that sixteen Irish republicans were granted royal pardons between 2000 and 2002.[https://www.bbc.com/news/uk-northern-ireland-32053605 16 Irish republicans received royal pardons since 2000], BBC News (March 25, 2015). Recipients included Sinn Féin's Gerry Kelly, who was granted an RPM after he was captured in the Netherlands in 1986, to which he had fled after escaping in 1983 from Maze Prison, where he was serving a sentence for his participation in the IRA's 1973 Old Bailey bombing. The Dutch government would not extradite him on the basis of existing convictions, so he was granted a pardon so the Netherlands would extradite him to face charges related to the escape.

In 1717, King George I's Proclamation for Suppressing of Pirates was issued, promising a general pardon to those pirates who surrendered to the authorities.{{London Gazette |issue=5573 |date=14 September 1717 |page=1}}

In 1884 Queen Victoria exercised the royal prerogative to commute the death sentences of Thomas Dudley and Edwin Stephens to imprisonment for six months due to the circumstances of their crime.{{cite web|url=https://www.nytimes.com/1984/08/12/books/sacrificing-the-boy.html|title=SACRIFICING THE BOY|website=The New York Times|first=Sally|last=Falk Moore|date=12 August 1984}}

In 2001 two inmates at HMP Prescoed, South Wales, were released 28 days early, under the prerogative of mercy, as a reward for saving the life of the manager of the prison farm when he was attacked and gored by a captive wild boar.

In 2013 a posthumous free pardon was awarded to Alan Turing under the prerogative of mercy. Turing, an important World War II codebreaker, had been convicted in 1952 of gross indecency for a consensual homosexual relationship with an adult.{{cite news |title=Royal pardon for codebreaker Turing |url=https://www.bbc.com/news/technology-25495315 |work=BBC News |access-date=16 October 2019 |date=24 December 2013}}

In 2020, the royal prerogative of mercy was used to reduce the minimum tariff that must be served before Steven Gallant could be considered for release on parole. Gallant, who was serving life imprisonment for murder, was granted this reduction in sentence "in recognition of his exceptionally brave actions at Fishmongers' Hall, which helped save people's lives despite the tremendous risk to his own" while confronting terrorist Usman Khan during the 2019 London Bridge attack.{{cite web |last1=Warburton |first1=Dan |last2=Macaskill |first2=Grace |title=Murderer on day release who foiled London Bridge terrorist is pardoned by Queen |url=https://www.mirror.co.uk/news/uk-news/murderer-day-release-who-foiled-22863391 |website=Daily Mirror |access-date=18 October 2020 |date=17 October 2020}}

In Australia, the Governor-General acts on the advice of the Attorney-General or Minister for Justice, and may only exercise the prerogative of mercy in relation to a federal offender convicted of a Commonwealth offence. The pardon may be a full pardon (said to be a free, absolute and unconditional pardon), a conditional pardon, a remission or partial remission of a penalty, or the ordering of an inquiry. Each state and territory (apart from the Australian Capital Territory, which only provides for an inquiry) has also enacted legislation providing for the reconsideration of convictions or sentences.{{cite web |url= https://www.ag.gov.au/crime/federal-offenders/appeals#royal-prerogative-of-mercy |title=Appeals - Royal Prerogative of Mercy |work= Attorney General's Department |access-date=20 January 2021}}

In Canada the royal prerogative of mercy is established in Letters Patent of the Governor General, who consistent with constitutional convention may grant pardons on the advice of a cabinet minister.{{cite web |title= What is the exercise of clemency (Royal Prerogative of Mercy)?|date=18 September 2015 |url=https://www.canada.ca/en/parole-board/services/clemency/what-is-the-exercise-of-clemency-royal-prerogative-of-mercy.html |publisher=Parole Board of Canada |access-date=18 October 2020}} In practice, Section 748 of the Criminal Code gives the Governor in Council (i.e. cabinet) the power to exercise the prerogative, which is the preferred approach. The process is administered by the Parole Board of Canada.{{cite web |title=How are requests for clemency reviewed? |date=18 September 2015 |url=https://www.canada.ca/en/parole-board/services/clemency/how-are-requests-for-clemency-reviewed.html |publisher=Parole Board of Canada |access-date=18 October 2020}} As Canada has a record suspension process, the royal prerogative is only exercised cases where there is substantial injustice or undue hardship. It is rarely granted: between fiscal years 2013-2014 and 2017-2018 there were only 2 requests for clemency under the prerogative granted, compared to over 9,000 record suspensions or pardons granted under legislative powers in fiscal year 2017-2018 alone.{{cite web |title=Statistics: Parole, Pardons and Clemency |date=18 September 2015 |url=https://www.canada.ca/en/parole-board/corporate/publications-and-forms/statistics-parole-pardons-and-clemency.html |publisher=Parole Board of Canada |access-date=18 October 2020 |archive-url=https://web.archive.org/web/20200806111959/https://www.canada.ca/en/parole-board/corporate/publications-and-forms/statistics-parole-pardons-and-clemency.html |archive-date=6 August 2020 |url-status=live}}

In New Zealand, the prerogative of mercy is exercised by the Governor-General, as the King's representative, with the power being delegated by the Letters Patent 1983. The Governor-General will act on the advice of the Minister of Justice, and has the power to grant a pardon, refer a case back to the courts for reconsideration, and to reduce a person's sentence.{{cite web |url= https://gg.govt.nz/office-governor-general/roles-and-functions-governor-general/constitutional-role/royal-prerogative-mercy |title= The Governor-General - The Royal Prerogative of Mercy |work= Te Kawana Tianara o Aotearoa |access-date=17 June 2013}}

In 2013, Scott Watson was refused a pardon by Sir Jerry Mateparae under the prerogative of mercy, following advice from the then-Minister of Justice Judith Collins.{{Cite web |last=Vance |first=Andrea |date=2013-07-09 |title=No royal pardon for Scott Watson |url=https://www.stuff.co.nz/national/crime/8896097/No-royal-pardon-for-Scott-Watson |access-date=2022-07-27 |website=Stuff |language=en}} Kristy McDonald QC was appointed by the government in 2009 to review the evidence, and recommended to the government that there was a lack of new evidence to warrant an exercise of the prerogative of mercy.{{Cite book |last=McDonald |first=Kristy |url=https://www.justice.govt.nz/assets/Documents/Publications/miscarriage-of-justice-scott-watson-march2011-k-mcdonalds-final-report.pdf |title=ADVICE TO THE MINISTRY OF JUSTICE CONCERNING APPLICATION BY SCOTT WATSON FOR THE EXERCISE OF THE ROYAL PREROGATIVE OF MERCY |publisher=Ministry of Justice (New Zealand) |year=2011}}

In 2020 Andrew Little set up the Criminal Review Commission to review potential miscarriages of justice, as the threshold for the royal prerogative of mercy was deemed to be too high and other avenues to avoid miscarriages of justice were needed.{{Cite web |title=Miscarriage of Justice: Nearly 300 applications for review but none completed |url=https://www.nzherald.co.nz/nz/criminal-review-commission-has-not-finished-a-single-investigation-after-20-months-of-work/T5B6AQL6YBJFTEMX3K2LJS6IDI/ |access-date=2022-07-27 |website=The New Zealand Herald |language=en-NZ}} Also in 2020, David Tamihere was granted the prerogative of mercy and his case was referred to the Court of Appeals to be reheard.{{Cite web |last=White |first=Mike |date=2022-06-21 |title=David Tamihere murder appeal delayed for two years by new DNA testing |url=https://www.stuff.co.nz/national/129035137/david-tamihere-murder-appeal-delayed-for-two-years-by-new-dna-testing |access-date=2022-07-27 |website=Stuff |language=en}}

The King of Malaysia has executive power to grant royal pardons. A high-profile example is the pardon of politician Anwar Ibrahim, who had been jailed for sodomy, by Muhammad V of Kelantan after the 2018 Malaysian general election.{{Cite web|date=2018-05-11|title=Malaysia: Mahathir Mohamad says Anwar Ibrahim to be given royal pardon|first1=Hannah|last1=Ellis-Petersen|url=http://www.theguardian.com/world/2018/may/11/malaysia-mahathir-says-anwar-ibrahim-will-be-given-royal-pardon|access-date=2021-06-18|website=The Guardian |language=en}}{{Cite web|date=2021-04-20|title=Malaysia's reformist icon Anwar freed, given royal pardon|url=https://apnews.com/article/anwar-ibrahim-ap-top-news-elections-malaysia-international-news-20384d5ab7164352a9b43501a792c252|access-date=2021-06-18|website=The Associated Press|last1=Ng|first1=Eileen}}

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Category:Pardons

Mercy, Prerogative Of