Constitutional
& Public Office
Sovereign Immunity, Public Office and Criminal Accountability Explained (2026 Guide)
Authority Overview
Public Accountability
The UK operates under a constitutional monarchy. The Sovereign holds personal immunity from criminal prosecution, but ministers, officials and other public office holders are fully subject to criminal law. The offence of Misconduct in Public Office regulates serious abuse of public authority.
Authority Library
Core Explainers
Independent Analysis of UK Constitutional Accountability & Public Office Authority.
Judicial
Review
The definitive analysis of how UK courts challenge government decisions. Grounds, process, and remedies for institutional accountability.
Who Investigates the PM?
Police, Parliament, and Constitutional Oversight explained.
Misconduct in Public Office
The definitive guide to the common law offence and legal thresholds.
Parliamentary Privilege
What it protects—and what it does not. Free speech vs criminal liability.
PM Arrest Powers
Can the Prime Minister be arrested? Immunity and Rule of Law explained.
Sovereign Immunity
Does the King hold absolute immunity? A constitutional analysis.
Royal Prosecution
Can members of the Royal Family be arrested and charged?
Police Pride Flags
The High Court legal test for political neutrality and symbolic expression.
Transgender Flags Law
Public Sector Equality Duty and constitutional analysis of symbolic expression.
Chapter 01
What Is
Public Office?
A public office exists where a duty is owed to the public, authority derives from statute or Crown, and functions impact public interest.
- • Police Officers
- • Ministers / MPs
- • Civil Servants
- • Local Authority Officials
Public office is defined not just by title, but by the exercise of authority on behalf of the public. This status carries specific legal duties and liabilities.
2. Misconduct in
Public Office
A common law offence committed when a public officer, acting as such, wilfully neglects their duty or misconducts themselves to such a degree as to amount to an abuse of the public’s trust.
View Full Explainer
3. Sovereign
Immunity
The constitutional logic behind the personal immunity of the Monarch. "The King can do no wrong" as a structural reality of the court system.
View Full Explainer4. Can Royals Be Prosecuted?
Sovereign immunity is limited exclusively to the reigning Monarch. Other members of the Royal Family are subjects of the Crown and remain subject to criminal law. The CPS applies the same Full Code Test used for any citizen.
Read Royal Prosecution Guide5. CPS Standards
High-profile cases require rigorous adherence to the Evidential Stage and Public Interest Stage. Operational independence ensures no political interference in charging decisions.
6. Political vs Criminal
Distinction between criminal liability and ministerial responsibility. Accountability is achieved through a mix of criminal courts and parliamentary oversight.
Constitutional FAQ
Can the King be arrested?
No. The Sovereign cannot be arrested under UK law. This exists because the police and courts operate in the name of the Crown.
Can a Prime Minister be prosecuted?
Yes. The Prime Minister does not hold personal immunity and is subject to the rule of law. They can be prosecuted for criminal offences just like any other citizen.
What is sovereign immunity?
Sovereign immunity is the constitutional principle that the Monarch cannot be prosecuted. It ensures the structural stability of the legal system where the King is the source of judicial authority.
Is misconduct in public office common?
It is a serious common law offence but remains relatively rare in terms of prosecutions due to the high evidential 'seriousness' threshold required by the CPS.
Does a royal title grant immunity?
No. Only the reigning Monarch (The Sovereign) has personal criminal immunity. Other members of the royal family are subject to UK criminal law.
Who investigates high-profile public officials?
Investigations are usually carried out by specialist units within the police or, for police officers themselves, overseen by the Independent Office for Police Conduct (IOPC).
What is the Crown Proceedings Act 1947?
This Act allows the government to be sued in civil court, ending the historical blanket immunity that prevented citizens from taking legal action against the state.
What is 'Ministerial Responsibility'?
A constitutional convention where ministers are accountable to Parliament for the actions of their department, regardless of their personal criminal liability.
Can officials be sued personally?
Yes, if an act was performed outside the scope of their official duties or involved gross negligence that falls outside statutory protections.
Is the UK Monarch 'Above the Law'?
While personally immune from prosecution, the office of the Monarch is governed by constitutional convention. The King acts on ministerial advice, ensuring executive accountability through Parliament.