Can Members of the
Royal Family
Be Prosecuted?
Sovereign Immunity, Constitutional Law & Criminal Liability Explained (2026 Guide)
Quick Answer
The Legal Standard
In the United Kingdom, the Sovereign (the King) holds personal immunity from criminal prosecution. However, other members of the Royal Family do not automatically possess criminal immunity. They are subject to UK law like any other citizen, although constitutional protocols may influence how investigations are handled in practice.
Chapter 01
The Constitutional
Foundation
The UK is a constitutional monarchy. This means the Monarch is Head of State, but government and courts operate in the name of the Crown.
- • Monarch is Head of State
- • Crown authority in courts
- • Historic doctrine: "The King can do no wrong"
This principle is not merely symbolic; it has profound legal consequences for the structure of the UK justice system and the accountability of the Head of State.
2. What is
Sovereign Immunity?
Sovereign immunity means the Monarch cannot be prosecuted in criminal court. This is personal immunity that exists because courts derive their authority from the Crown itself.
Prosecuting the Monarch would create a fundamental conflict, as the state would effectively be prosecuting its own legal source of authority.
3. Does it Extend to the Entire Family?
NO.
This is a common misconception. Only the Sovereign benefits from absolute personal immunity. Other royals are subjects of the Crown and remain subject to criminal law without blanket immunity.
4. Can a Royal Be Arrested?
Legally, yes. PACE 1984 powers apply universally. If reasonable suspicion exists, the law allows arrest of any individual except the Sovereign. In practice, senior oversight is mandatory.
5. Charging Thresholds
The CPS Full Code Test applies identically: Evidential stage (prospect of conviction) and Public Interest stage. Status does not change the statutory evidentiary burden.
6. What About Civil Immunity?
The Crown Proceedings Act 1947 modernized this area. While the Monarch cannot be personally sued, the Crown can be sued via govt departments. Other royals face civil proceedings like private individuals.
7. History
Immunity was historically broader, but modern constitutional practice has narrowed it significantly.
8. Independence
Police investigations must remain operationally independent, often using external forces for impartiality.
9. Accountability
Distinction between reputational scrutiny and criminal liability based on evidence beyond reasonable doubt.
10. Can a Royal Be Sent to Prison?
Yes, in principle. If convicted, sentencing follows standard guidelines with no statutory exemption. Custodial sentences would apply under normal law.
11. Parliamentary Privilege
This protects MPs only. Royal status alone does not create parliamentary immunity unless the individual holds an elected office.
12. International Law
Heads of State enjoy travel immunity. Other royals may receive diplomatic treatment but not full head-of-state immunity abroad.
Constitutional FAQ
Can the King be prosecuted?
No. The Sovereign holds personal immunity from criminal prosecution because the courts operate under the Crown's authority.
Can a Prince be prosecuted?
Yes. Other members of the Royal Family are subject to UK criminal law and do not possess blanket immunity.
Can police arrest a royal?
Yes, legally — excluding the Sovereign. Police powers under PACE 1984 apply universally, though senior oversight is used in practice.
Do royals have diplomatic immunity?
Only in limited circumstances related to official functions or international travel as representative of the Head of State.
Has a royal ever faced prosecution?
While historically rare due to constitutional convention, it is legally possible and has occurred in minor contexts (e.g. motoring offences).
Institutional
Interlinking
Police Pay provides neutral, regulation-based explanations of how UK constitutional structures operate in practice.