At His Majesty's pleasure

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At His Majesty’s pleasure (Her Majesty’s when the monarch is a woman) is a legal phrase used in public law and in criminal law. It describes the indeterminate length of service for certain government officials who are appointed by the Crown and can be removed for policy reasons, unlike ordinary employees. The idea came from the United Kingdom and is now used in many Commonwealth countries and other monarchies; some republics use a similar idea with different wording.

When a monarch is represented in a country by a governor-general, governor, lieutenant governor, or administrator, the phrase is often changed to “at the governor’s (or administrator’s) pleasure,” since the representative acts for the monarch, even though their own tenure is still tied to the monarch’s pleasure.

In criminal law, “detained during His/Her Majesty’s pleasure” means a person is held for an indefinite time. This can apply to serious offences or cases involving mental health or risk of re-offending. Judges may set minimum terms, and prisoners are periodically reviewed to decide if release is appropriate. In England and Wales, since 2000 the minimum terms are set by the trial judge.

The phrase appears in various forms around the world. In many Commonwealth republics, the equivalent is “during the president’s pleasure” (for example, in India, Kenya, Singapore, South Africa, Sri Lanka, and others). Some other countries also use similar concepts with different names. In Hong Kong, after 1997 the term was changed to “at executive discretion,” but a court later found this incompatible with the Basic Law’s separation of powers. In Malaysia, at the federal level the term is “at the pleasure of the Yang di-Pertuan Agong,” and at the state level “at the pleasure of the sultan/governor.” The Philippines, the United States, Russia, and Namibia use “at the pleasure of the president.”

An example of how the term is used is a juvenile offender who is convicted of murder. Instead of a fixed life sentence, the court may sentence the offender to be detained during Her Majesty’s (or His) pleasure under relevant laws.