§ Lord Lairdasked Her Majesty's Government:
What are the guidelines and procedures for the use of the Royal Prerogative; and whether the Royal Prerogative has ever been used for terrorist prisoners. [HL3540]
§ Lord Williams of MostynBy constitutional convention, the Government are responsible for recommending to Her Majesty the exercise of the Royal Prerogative of Mercy. The Royal Prerogative of Mercy has traditionally been exercised in three ways: in a free pardon, a conditional pardon or the remission, or partial remission, of the penalty imposed by a court. This is a flexible remedy, and the Government cannot restrict themselves as to how they might recommend its use. It is necessarily reserved for the most exceptional of circumstances.
The Royal Prerogative of Mercy has been used in relation to terrorist prisoners.