Comment on Andrew Mountbatten-Windsor arrested on suspicion of misconduct in public office
wewbull@feddit.uk 4 days agoIf a king or past queen were to be accused. It is technically impossible. As our whole criminal justice system is based on the king Vs the defendent/accused.
It’s not “The King vs…”. It’s “The Crown vs…”. It might seem a pedantic point, but the crown is a concept similar to “the state”, and distinct from any monarch.
A case being “The Crown vs. HRH King Charles III” is perfectly feasible. The monarch being subject to law is a concept that goes back over 800 years.
Other then the king. The only people fully free of the justice system. Are MPs when acting in parliament itself.
They are not free of the whole justice system. They have limited parliamentary privileges mainly related to what they can say without consequences, but they couldn’t murder their opponents.
HumanPenguin@feddit.uk 3 days ago
Except the concept has not. At no point in that history. Has any UK king or queen ever been tried by anything other then parliament itself.
And the one time parliament did it. It was done in parliament exactly because the constituency of the crown being different from the current monarch is not well defined. It’s only separation definition is in the right for ownership and duty to be passed.
Actually no that is not how the sovereignty of parliament in defined.
Yes actions are only free of judicial jurisdiction when acting in parlimentry session. But those actions are in no way related to speech alone.
While no an MP could not murder someone during parliamentary session.
The normal justice system would not be responsible for protecting that person. Parliament will. This is exactly why the tower of London was originally considered the be the kings and then parliaments prison. And not the judiciary.
This is why parliament has a chief Marshall to enforce it’s authority. And why the tower of London has it’s own guards independent of the UK police and military.
While this all seems to be just of historic interest. And honestly the orders (people involved) are no longer armed or trained in a way that would be official to actually enforce the law. Not to mention the tower is no longer in a position to provide a reasonable or effective prison.
The legal structure has very much not been replaced in any way.
And if (cos I am biased after all.)
N Farrrage was to suddenly jump up and strangle J corbyn during PMs questions.
It would be an odd situation. Likely in 2026 it would involve parliament and the Chief marshall asking the met to actually help out. And quickly passing laws to support it. It would not be automatic.