Megan Rogers, a Trainee Solicitor at Watkins and Gunn, considers the legal changes we can expect as a result of the passing of Queen Elizabeth II.
The 8th of September 2022 will be remembered as a somber and historic day in British history. The UK’s longest serving monarch died at Balmoral, aged 96 years old. The death of Queen Elizabeth II will not only have historical significance but will also have legal implications for lawyers and the public.
The Legal Profession
The UK has over 16,500 barristers and those that are considered leading barristers hold the title of Queen’s Counsel (QC). As King Charles III has now acceded to the throne, these select few barristers will know be known as King’s Counsel or for short, KC.
Until now, many court proceedings have been brought by the ‘The Queen on the application of X’ and now this will change to the ‘The King on the application of X’.
The Court service will now be referred to as His Majesty’s Courts and Tribunal Service.
Temporary suspension of Parliament
As result of the Queen’s death, parliamentary business has been postponed until the 21st of September. Legally, this is significant as during this time parliament will not be debating any legislation and they will not pass any legislation.
Passports
A typical UK passport will no longer refer to Her Majesty. The current UK passport states “Her Britannic Majesty’s Secretary of State request and requires in the name of Her Majesty all those whom it may concern to allow the bearer to pass freely without let or hindrance and to afford the bearer such assistance and protection as may be necessary”. New UK passports will refer to the new King and your passport will need to be updated to reflect these changes when it has expired.
Money
Presently, all notes and coins depict the face of the Queen. However, any new notes or coins produced will contain the face of the King. This change not only affects the UK, but also other countries that use the Queen’s face on their currency, such as Australia and Canada.
Stamps
Just like our money every UK stamp features an image of the Queen. Existing stamps may still be used, but will, in time, be superseded by new one’s bearing the face of the King Charles III.
Impact on the right to protest
The accession of the new King has led to a small number of protests. In one instance, a member of the public in Scotland, shouted an obscenity at a member of the Royal Family, and was consequently charged with a breach of the peace offence. This incident has caused commentators to question whether it is right to use the law in this way when protestors make disrespectful remarks regarding the monarchy but are peaceful in their delivery.
The passing of HM Queen Elizabeth II will undoubtedly impact the practice of law and the day to day lives of the public in Britain and the Commonwealth.
For more information contact Megan Rogers at mrogers@watkinsandgunn.co.uk .