Beautiful Virgin Islands

Friday, Feb 20, 2026

What does the Queen’s legal immunity mean?

What does the Queen’s legal immunity mean?

Explainer: exemptions have been written into law to protect the monarch as a private citizen – but are they necessary?
What is sovereign immunity?


Sovereign immunity is a centuries-old doctrine dictating that the monarch cannot be prosecuted or subject to civil legal action under the law. Its origin lies in doctrine and convention, rather than statute, and there is no law setting out the rules underpinning the concept.

It stems partly from the medieval concept that the monarch is the source of justice, and can therefore do no wrong. It also relies on an argument that because the courts belong to the Queen she cannot be compelled to appear in them, since she would, in effect, be prosecuting herself.

Since at least 1800, the monarch has also had a legally distinct private persona, created to allow them to have independent wealth and property that could be inherited by their children. However, the lines between the two are somewhat blurred, and sovereign immunity has typically been interpreted to apply to both the public and private identities of the monarch.

Sovereign immunity is not unique to the UK: several countries have laws or conventions immunising the head of state from legal action.

What is crown application?


Sometimes referred to as crown immunity, crown application is the notion that British law does not apply to the crown unless expressly written to do so. “Crown” encompasses the government and the monarchy, as well as various state and royal estates. The government interprets it to also include the monarch’s private identity.

Crown application is unique to Westminster law, and has been criticised for its vagueness and tendency to discourage parliament from properly considering how the government should be affected by new laws. In 2017, the supreme court upheld the rule, observing that it was so ubiquitous within British law that not to do so would create problems.

When asked about the Queen’s legal immunity as a private citizen, her communications secretary, Donal McCabe, accepted that the government and the palace hold discussions about how and to what extent a bill should apply to Elizabeth Windsor as a private citizen during the drafting of legislation.

“The royal household can be consulted on the technical accuracy of the approach of departments to the issue of crown application,” McCabe said. “This is to ensure accuracy and to highlight any inconsistencies, and not to dictate policy.”

How are these exemptions different?


The 160 exemptions identified by the Guardian suggest two major changes are under way in how the concepts of sovereign immunity and crown application are being applied to the Queen as a private citizen.

The first is that while previously sovereign immunity assumed that the Queen could not be prosecuted or sued, without this needing to be stated in statute, the principle is now being written into law and clearly extended to encompass her private interests as well as her conduct as monarch.

As well as clarifying the principle, this development also strengthens it, suggesting that not only can the Queen not be prosecuted for criminal behaviour, but that on a more profound level certain behaviour that would otherwise be illegal is, in fact, permissible if carried out by her.

The second is that the concept of immunity is much more clearly also being applied to the assets and investments of the Queen as a private citizen. More than 30 of the laws reviewed by the Guardian create legal immunity in respect of “her private estates”, such as Sandringham and Balmoral.

Is this related to Queen’s consent?


Partly. Last year, the Guardian reported on how the Queen’s consent process had been used to allow the royal family to vet more than 1,000 laws during the reign of Elizabeth II before parliament was permitted to debate them.

Buckingham Palace has repeatedly claimed that Queen’s consent is a purely formal process that does not result in substantive changes to policy. However, that claim has been undermined by documents relating to various laws passed throughout the Queen’s reign suggesting that she or her representatives took advantage of the process to secure personal carve-outs.

In one instance, an entirely new clause to a corporate transparency bill after the Queen’s private solicitor demanded the law be altered so as to hide her “embarrassing” private wealth from the public.

Home Office documents dating from the 1960s reveal that ministers and civil servants believed they would not secure her consent to pass racial equality legislation until her advisers were satisfied that it could not be enforced against her.

As recently as 2017, the Queen was granted an exemption from a law allowing police to search private estates for looted or stolen cultural artefacts. A spokesperson for Buckingham Palace said no such artefacts were held on the Queen’s private estates.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Early 2026 Data Suggests Tentative Recovery for UK Businesses and Households
UK Introduces Digital-First Passport Rules for Dual Citizens in Border Control Overhaul
Unable to Access Live Financial Data for January UK Surplus Report
UK ‘Working Closely with US’ to Assess Impact of Supreme Court Tariff Ruling
Trump Criticises UK Decision to Restrict Use of Bases in Potential Iran Strike Scenario
UK Foreign Secretary and U.S. State Chief Hold Strategic Talks as Tensions Rise Over Joint Air Base
King Charles III Opens London Fashion Week as Royal Family Faces Fresh Scrutiny
Trump’s Evolving Stance on UK Chagos Islands Deal Draws Renewed Scrutiny
House Democrat Says Former UK Ambassador Unable to Testify in Congressional Epstein Inquiry
No Record of Prince Andrew Arrest in UK as Claims Circulate Online
UK Has Not Granted US Approval to Launch Iran Strikes from RAF Bases, Government Confirms
UK Intensifies Efforts to Secure Saudi Investment in Next-Generation Fighter Jet Programme
Former Student Files Civil Claim Against UK Authorities After Rape Charges Against Peers Are Dropped
Archer Aviation Chooses Bristol for New UK Engineering Hub to Drive Electric Air Taxi Expansion
UK Sees Surge in Medical Device Testing as Government Pushes Global Competitiveness
UK Competition Watchdog Flags Concerns Over Proposed Getty Images–Shutterstock Merger
Trump Reasserts Opposition to UK Chagos Islands Proposal, Urges Stronger Strategic Alignment
Greek Prime Minister Kyriakos Mitsotakis advocates for a ban on minors using social media.
Liberal Senator Michaelia Cash Accuses Prime Minister of Lying to Australians
Meanwhile in Time Square, NYC One of the most famous landmarks
Jensen Huang just told the story of how Elon Musk became NVIDIA’s very first customer for their powerful AI supercomputer
A Lunar New Year event in Taiwan briefly came to a halt after a temple official standing beside President Lai Ching‑te suddenly vomited, splashing Lai’s clothing
Jillian Michaels reveals Bill Gates’ $55 million investment in mRNA vaccines turned into over $1 billion.
Ex-Prince Andrew Mountbatten-Windsor's arrested
Former British Prince Andrew Arrested on Suspicion of Misconduct in Public Office
Four Chagos Islanders Establish Permanent Settlement on Atoll
Unitree Robotics founder Wang Xingxing showcases future robot deployment during Spring Festival Gala.
UK Inflation Slows Sharply in January, Strengthening Case for Bank of England Rate Cut
Hide the truth, fake the facts, pretend the opposite, Britain is as usual
UK Inflation Falls to Ten-Month Low, Markets Anticipate Interest Rate Cut
UK House Prices Climb 2.4% in December as Market Shows Signs of Stabilisation
BAE Systems Predicts Sustained Expansion as Defence Orders Reach Record High
Pro-Palestine Activists Cleared of Burglary Charges Over Break-In at UK Israeli Arms Facility
Former Reform UK Councillors Form New Local Group Amid Party Fragmentation
Reform UK Pledges to Retain Britain’s Budget Watchdog as It Seeks Broader Economic Credibility
Miliband Defends UK-California Clean Energy Pact After Sharp Criticism by Trump
University of Kentucky to Host 2026 Summer Camps Fair Connecting Families with Local Programmes
UK Police Forces Assess Claims Jeffrey Epstein Used Stansted Airport Flights in Trafficking Network
UK-Focused Equity ETF FLGB Climbs to Fresh 52-Week Peak on Strong Market Sentiment
Trump Warns UK’s Chagos Islands Agreement Is a “Big Mistake” Amid Strategic Security Debate
Trump Urges UK to Retain Sovereignty Over Diego Garcia Amid Strategic Concerns
Italian Police Arrest Man After Alleged Attempt to Abduct Toddler at Bergamo Supermarket, Child Hospitalised With Fractured Femur
Reform UK Appoints Former Conservative Minister Robert Jenrick as Finance Chief
UK Unemployment Rises to Highest in Nearly Five Years as Labour Market Weakens
Rupert Lowe Advocates for English-Only Use in the UK
US Successfully Transports Small Nuclear Reactor from California to Utah
South Korea's traditional sand wrestling sport ssireum faces declining interest at home
Japan outlawed Islam
Virginia Giuffre accuses Epstein of trafficking to powerful men for blackmail.
New Mexico lawmakers initiate investigation into Zorro Ranch linked to Jeffrey Epstein
×