At His Majesty's pleasure

In public law

People appointed by the sovereign to serve the Crown and who have no set limit to the time they occupy their given officefor example, a governor-general and a minister of the Crownare said to serve at His Majesty's pleasure. In Canada, the Canadian monarch's federal representative, the governor general, can appoint deputies who are described as holding office "during the Pleasure of the Governor General". Similarly, Australian federal ministers are appointed to serve "during the pleasure of the Governor-General".

In penal law

The term is used to describe detention in prison for an indefinite length of time; a judge may rule that a person be "detained at His Majesty's pleasure" for serious offences or based on a successful insanity defence. This is sometimes used where there is a great risk of re-offending. However, it is most often used for juvenile offenders, usually as a substitute for life sentencing (which might be much longer for youthful offenders). For example, section 259 of the Sentencing Act 2020 (which applies to England and Wales) states, "where [...] a person convicted of murder, or any other offence the sentence for which is fixed by law as life imprisonment, and the person appears to the court to have been aged under 18 at the time the offence was committed. The court must sentence the offender to be detained during Her Majesty's pleasure."

Prisoners held at His Majesty's pleasure are periodically reviewed to determine whether their sentence can be deemed complete; although this power traditionally rested with the monarch, such reviews are now made in the name of the monarch, on the advice of government officials — the Secretary of State for Justice in England and Wales, for instance. Minimum terms are also set, before which the prisoner cannot be released; in England and Wales, these were originally set by the Home Secretary, but, since 30 November 2000, have been set by the trial judge. Prisoners' sentences are typically deemed to be complete when the reviewing body is "satisfied that there has been a significant change in the offender's attitude and behaviour".

Derivatives

In Commonwealth republics, such as Botswana, India, Kenya, Pakistan, Singapore, South Africa, and Sri Lanka, the phrase is "during the president's pleasure". This term is also applied in other republics that are outside of the Commonwealth, such as Brazil, Croatia, Egypt, Finland, France, Iceland, Ireland, Italy, South Korea, Mexico, Montenegro, Portugal and Serbia.

In Hong Kong, following the transfer of its sovereignty to China in 1997, the term was modified to "at executive discretion" (等候行政長官的酌情決定). Subsequently, this was held, by Judge Michael Hartmann, in the case Yau Kwong Man v. Secretary for Security, to be incompatible with the separation of powers enshrined in the Basic Law.

In Malaysia, at the federal level, the term used is "at the pleasure of the Yang di-Pertuan Agong" and "at the pleasure of the sultan/ruler/governor", at the state level.

In the Philippines, the United States, Russia, and Namibia, the equivalent standard for political appointments is called "at the pleasure of the president".

References

References

1. ''[[Constitution Act, 1867]]'', section 14.
2. [[Constitution of Australia]], section 64.
3. {{Cite legislation UK. (1933). ()
4. Blackstone, William. "Commentaries on the Laws of England: in four books; with an analysis of the work, Volume 2". Law Booksellers & Publishers.
5. {{Cite legislation UK. (2020). ()
6. Her Majesty's Courts Service. "Review of Minimum Terms set for Young Offenders detained at her Majesty's Pleasure".
7. "Penal Code". Government of Botswana.
8. Mohan, S.. (22 June 2014). "The doctrine of 'pleasure' and some Governors' tenures". The Hindu.
9. "Petition 570 of 2015 - Kenya Law".
10. "The President's Pleasure Review Board". Home Team Volunteers.
11. "1966 - The O'Malley Archives".
12. "Long-Term Prison Sentences Review Ordinance". [[Government of Hong Kong]].
13. [http://www.hklii.hk/cgi-bin/sinodisp/eng/hk/cases/hkcfi/2002/896.html ''Yau Kwong Man v. Secretary for Security''] [2002] HKCFI 896; HCAL1595/2001 (9 September 2002)
14. (23 July 2009). "Youth to be detained at pleasure of the Agong". [[The Star (Malaysia).
15. (July 27, 2017). "Palace clarifies: Duterte threat to abolish CHR made 'out of frustration'". INQUIRER.net.
16. Sławomir Wierzbicki. (2017). "The Russian Federation President and His Role in the Management of National Security System". World Scientific News.
17. (22 September 2010). "The Namibian Parliament Moves to Give the President the Power to Appoint Regional Governors". Foreign Policy Association.