Queen's peace
Encyclopedia
The Queen's peace is the term used in the Commonwealth realm
s to describe the protection the monarch, in right of each state, provides to his or her subjects. In republic
s with common law
traditions, the same is often referred to as the peace [and dignity] of the State.
, carried out via the Royal Prerogative
. Though this power remains the Crown's, through convention it is exercised by the Queen-in-Council
; that is, the executive, or, the sovereign acting on the advice
of her ministers of the Crown
.
The Crown can be held responsible should it fail in upholding its duty to maintain peace; this was the justification for the Riot Act
and subsequent legislation throughout the British Empire
. Where civil authorities had declared the Queen's peace as breached (i.e. there was a state of riot
), there was a change in the rules: the authorities (whether police, army, or militia providing military aid to the civil power
) could shoot and kill the leaders of the riot, and generally take severe action against anyone who was rioting. The counterbalance was that the Crown was responsible for damage caused by the riot, having failed in its duty to preserve the peace. Into the present day, the criminal offence of rioting can only be prosecuted with the consent of the Attorney-General (the Queen's legal officer). If disorder does occur, it is officially labelled as a civil disturbance, as deeming it a riot removes the liability of insurers for any damages or injury occurring from such an event, and places the responsibility on the local police, which, as they are officers of the Crown, leaves the Crown to pay.
. This is not a criminal or civil offence; it exists as a legal oddity created by the Royal Prerogative. Persons so detained must be taken before a magistrate (a Justice of the Peace), who will "bind them over" in order to keep the peace, whereafter the person may not disturb the peace again for the appointed time, under threat of imprisonment. The police will frequently use this power to break up difficult situations or minor fights; often, a perpetrator will be detained only briefly, until the officers are satisfied that the fight is over. Alternatively, if alcohol
is present, for instance, the offender can be held until sober
enough to face the magistrate. Because a breach of the Queen's peace is not a criminal offence, people found to have broken it will not have the charge marked on their criminal record
.
Murder remains a common law
offence, defined as "Where a person of sound mind and discretion unlawfully kills any reasonable creature in being and under the Queen’s peace with intent to kill or cause grievous bodily harm," however, the Queen's peace excludes killing of the enemy during a war.
and the modern legal system, the concept of the Queen's peace was much more important. Knights of the Peace were appointed in each shire
, and it was their duty to maintain the Queen's peace. These Knights of the Peace later became known as Justices of the Peace, or JPs, and subsequently as magistrate
s. In the United Kingdom
, paid magistrates are now called District Judges, and are drawn from the ranks of local solicitor
s and barrister
s. Unpaid magistrates are volunteers from the community the requirements are that they must be of good character and local residence.
, arrest warrants and charging documents, such as indictment
s, are often constitutionally required to make reference to an offense having occurred "against the peace and dignity of" the respective state or commonwealth.
In the county palatine
areas of the United Kingdom the Duchies of Lancaster
and Cornwall
, and the County Palatine of Durham
offences such as murder were deemed to be against the respective bishop's or duke's peace (the Duke of Lancaster
being merged with the Crown, but nevertheless a separate office, and the Duke of Cornwall
being the Heir to the Throne). This, however, was altered in 1536.
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s to describe the protection the monarch, in right of each state, provides to his or her subjects. In republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
s with common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
traditions, the same is often referred to as the peace [and dignity] of the State.
Duty of the Crown to maintain peace
Maintenance of the Queen's peace is one of the duties of the CrownThe Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
, carried out via the Royal Prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
. Though this power remains the Crown's, through convention it is exercised by the Queen-in-Council
Queen-in-Council
The Queen-in-Council is, in each of the Commonwealth realms, the technical term of constitutional law that refers to the exercise of executive authority, denoting the monarch acting by and with the advice and consent of his or her privy council or executive council The Queen-in-Council (during...
; that is, the executive, or, the sovereign acting on the advice
Advice (constitutional)
Advice, in constitutional law, is formal, usually binding, instruction given by one constitutional officer of state to another. Especially in parliamentary systems of government, Heads of state often act on the basis of advice issued by prime ministers or other government ministers...
of her ministers of the Crown
Minister of the Crown
Minister of the Crown is the formal constitutional term used in the Commonwealth realms to describe a minister to the reigning sovereign. The term indicates that the minister serves at His/Her Majesty's pleasure, and advises the monarch, or viceroy, on how to exercise the Crown prerogatives...
.
The Crown can be held responsible should it fail in upholding its duty to maintain peace; this was the justification for the Riot Act
Riot Act
The Riot Act was an Act of the Parliament of Great Britain that authorised local authorities to declare any group of twelve or more people to be unlawfully assembled, and thus have to disperse or face punitive action...
and subsequent legislation throughout the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
. Where civil authorities had declared the Queen's peace as breached (i.e. there was a state of riot
Riot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...
), there was a change in the rules: the authorities (whether police, army, or militia providing military aid to the civil power
Military Aid to the Civil Power
Military aid to the civil power is assistance by the armed forces to the civil authorities of the state with the provision of specialist equipment or trained personnel...
) could shoot and kill the leaders of the riot, and generally take severe action against anyone who was rioting. The counterbalance was that the Crown was responsible for damage caused by the riot, having failed in its duty to preserve the peace. Into the present day, the criminal offence of rioting can only be prosecuted with the consent of the Attorney-General (the Queen's legal officer). If disorder does occur, it is officially labelled as a civil disturbance, as deeming it a riot removes the liability of insurers for any damages or injury occurring from such an event, and places the responsibility on the local police, which, as they are officers of the Crown, leaves the Crown to pay.
Enforcement
Officers of the Queen's peace have the right to detain a person who is creating a breach of the peaceBreach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
. This is not a criminal or civil offence; it exists as a legal oddity created by the Royal Prerogative. Persons so detained must be taken before a magistrate (a Justice of the Peace), who will "bind them over" in order to keep the peace, whereafter the person may not disturb the peace again for the appointed time, under threat of imprisonment. The police will frequently use this power to break up difficult situations or minor fights; often, a perpetrator will be detained only briefly, until the officers are satisfied that the fight is over. Alternatively, if alcohol
Alcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
is present, for instance, the offender can be held until sober
Sober
Sober usually refers to sobriety, the state of not being under the influence of alcohol or other drugs. It may also refer to:-Computers:* Sober , variety of computer virus* SOBER , family of synchronous stream ciphers...
enough to face the magistrate. Because a breach of the Queen's peace is not a criminal offence, people found to have broken it will not have the charge marked on their criminal record
Criminal record
A criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...
.
Murder remains a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
offence, defined as "Where a person of sound mind and discretion unlawfully kills any reasonable creature in being and under the Queen’s peace with intent to kill or cause grievous bodily harm," however, the Queen's peace excludes killing of the enemy during a war.
Justice of the Peace
Historically, and in particular before the founding of the policePolice
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
and the modern legal system, the concept of the Queen's peace was much more important. Knights of the Peace were appointed in each shire
Shire
A shire is a traditional term for a division of land, found in the United Kingdom and in Australia. In parts of Australia, a shire is an administrative unit, but it is not synonymous with "county" there, which is a land registration unit. Individually, or as a suffix in Scotland and in the far...
, and it was their duty to maintain the Queen's peace. These Knights of the Peace later became known as Justices of the Peace, or JPs, and subsequently as magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
s. In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, paid magistrates are now called District Judges, and are drawn from the ranks of local solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s and barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s. Unpaid magistrates are volunteers from the community the requirements are that they must be of good character and local residence.
Influence on other legal systems
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, arrest warrants and charging documents, such as indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
s, are often constitutionally required to make reference to an offense having occurred "against the peace and dignity of" the respective state or commonwealth.
In the county palatine
County palatine
A county palatine or palatinate is an area ruled by an hereditary nobleman possessing special authority and autonomy from the rest of a kingdom or empire. The name derives from the Latin adjective palatinus, "relating to the palace", from the noun palatium, "palace"...
areas of the United Kingdom the Duchies of Lancaster
Duchy of Lancaster
The Duchy of Lancaster is one of the two royal duchies in England, the other being the Duchy of Cornwall. It is held in trust for the Sovereign, and is used to provide income for the use of the British monarch...
and Cornwall
Duchy of Cornwall
The Duchy of Cornwall is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch inherits the duchy and title of Duke of Cornwall at the time of his birth, or of his parent's succession to the throne. If the monarch has no son, the...
, and the County Palatine of Durham
County Palatine of Durham
The County Palatine of Durham was an area in the North of England that was controlled by the Bishop of Durham.-Liberty of Durham:The territory was originally the Liberty of Durham under the control of the Bishop of Durham. The liberty was also known variously as the "Liberty of St Cuthbert's...
offences such as murder were deemed to be against the respective bishop's or duke's peace (the Duke of Lancaster
Duke of Lancaster
There were several Dukes of Lancaster in the 14th and early 15th Centuries. See also Duchy of Lancaster.There were three creations of the Dukedom of Lancaster....
being merged with the Crown, but nevertheless a separate office, and the Duke of Cornwall
Duke of Cornwall
The Duchy of Cornwall was the first duchy created in the peerage of England.The present Duke of Cornwall is The Prince of Wales, the eldest son of Queen Elizabeth II, the reigning British monarch .-History:...
being the Heir to the Throne). This, however, was altered in 1536.