The royal family is held to different legal standards than average citizens in the United Kingdom. Their special status raises questions around whether members of the royal family could ever be sent to jail. This article will examine the legal protections afforded to the royals and look at circumstances that could potentially lead to imprisonment.
Do the royals have immunity from prosecution?
The monarch and their immediate household have sovereign immunity from prosecution. This means the queen cannot be arrested or detained under British law. Her personal residences like Buckingham Palace and Balmoral Castle also cannot be searched. However, this immunity does not extend to the rest of the royal family.
Other members of the royal family can be prosecuted and jailed if they commit crimes. There is no formal legal immunity. However, they may be offered informal protection by the Crown Prosecution Service. Any decision to prosecute a royal would need to be approved by the Attorney General. This political oversight aims to prevent unnecessary embarrassment that could tarnish the monarchy.
Have royals ever been jailed?
While it’s rare, royals have been jailed when they commit serious crimes that cannot be excused. In the 14th century, King Edward II was imprisoned and allegedly murdered in Berkeley Castle on the orders of his wife Queen Isabella and her lover Roger Mortimer. His son King Edward III later executed Mortimer as a traitor but spared his mother due to her royal status.
In modern times, minor royals have also spent time in custody. In 2002, the Queen’s grandson-in-law Mark Phillips spent one night in jail after being arrested on suspicion of an assault in Dorset. He accepted a formal police caution and no charges were filed.
The Queen’s granddaughter Zara Tindall was given a suspended prison sentence in 1997 for taking part in a “Beer and Brawl” drinking session that got out of hand. As she was underage at the time, she was able to avoid jail at the discretion of the judge.
When do the royals get special treatment under the law?
Senior royals may get preferential treatment if they end up in court. The Crown Prosecution Service must approve any charges against them before prosecution can proceed. Royals may also choose trial by a House of Lords judge rather than a jury trial like other British citizens.
If convicted, royals can request leniency in sentencing. For example, ordinary citizens with a drink driving conviction would expect a prison sentence. But when Princess Anne faced this charge in 2001, she was fined £500 and banned from driving for three months. Her royal status was believed to contribute to the light punishment. However, the law does still apply to royals and prison time is possible for serious offenses.
Have any royals served time in prison?
In modern times, only minor royals have been jailed and even then only briefly. No current senior royals have served a prison sentence. The closest comparable case is King Edward VIII, who abdicated in 1936 before he could be crowned. When stationed in France during World War II, he was placed under house arrest by German forces occupying Paris in 1944. But this was confinement by enemy forces rather than his own government.
Could Prince Andrew go to jail over the Epstein scandal?
Prince Andrew is currently facing a civil lawsuit in the US over allegations of sexual assault linked to notorious financier Jeffrey Epstein. Andrew denies the accusations against him. However, there is speculation he could yet face criminal charges which would put him at risk of prison.
As a British royal, Prince Andrew cannot be tried in an American criminal court. However, American prosecutors could potentially seek his extradition. The Crown Prosecution Service may then review the case and consent to a trial taking place in the UK. If convicted of a serious offence like rape, Andrew could theoretically be jailed like any other citizen. However, his lawyers would likely seek mitigating treatment due to his royal role.
What crimes might lead to imprisonment?
In practice, the threshold for imprisoning a senior royal would be extremely high given their position. Based on historical cases, the most likely offences could include:
- Serious assault or murder
- Rape or sexual crimes
- Treason or plotting against the monarch
- Espionage or sharing state secrets
Lesser charges like drug possession, minor assault or driving offenses would generally be treated leniently with fines or community service. But any crime that severely threatens public order or national security could result in prison time, even for royals.
Could Harry and Meghan go to jail over media leaks?
There is ongoing speculation that Prince Harry and Meghan Markle could face charges related to leaking details of private conversations or correspondence with the royal family. This follows the publication of Finding Freedom, an unofficial biography recounting behind the scenes details leading up to “Megxit”.
However, it would be highly unlikely for British prosecutors to seek a criminal trial against Harry and Meghan. At worst, the couple could face civil charges of breaching privacy or confidentiality agreements. But putting two high-profile royals on trial for media leaks would be an extraordinarily controversial move.
While not immune from prosecution, the royal family relies on discretion from the justice system to avoid the reputational damage. Any minor charges would likely be settled out of court to limit embarrassment to the Crown.
Could the monarch themself ever go to jail?
The reigning King or Queen cannot be prosecuted or jailed under British law. However, it is theoretically possible they could face imprisonment if they were overthrown in a coup or revolution. In that case, the new government would not be bound by the previous immunity guarantees.
This happened to King Charles I who was overthrown in the English Civil War in 1649. He was put on trial for treason by the new republican government, convicted and executed. However, barring an unexpected revolution, the current Queen Elizabeth II and her successors enjoy full immunity from prosecution under British law.
Conclusion
Serving prison time remains an extremely remote prospect for current senior members of the royal family. Their positions grant them effective immunity from prosecution, except for truly extraordinary circumstances. While no longer above the law, the royals do benefit from preferential treatment that aims to avoid tarnishing the reputation of the Crown.
However, immunity does not extend down the royal tree. More distant relatives have faced charges and brief imprisonment for offenses like assault and drunk driving. Overall, the justice system grants the royals special consideration but can still imprison them for serious criminal acts that might undermine public trust in the monarchy.