Following the demise of Her Majesty, Queen Elizabeth II on September 9, 2022, are there any legal changes that will take place? Section 8 of the Crown Proceedings Act (1988) explicitly states that legal proceedings are not affected by the demise of the Crown.
However, there is one change in the legal field that will take place effective immediately. All persons appointed as Queen’s Counsel (QC) will become King’s Counsel (KC). This is because Prince Charles became King automatically after the death of his mother. Moreover, he has since been formally proclaimed as King Charles III.
While many people believe that the death of the monarch would mean that officials have to re-take the oath, it is simply not the case. They can still exercise their legal powers without re-taking any oath. Moreover, laws do not become invalidated following the death of the monarch. This is another common misconception.
Section 12 (4B) of the Constitution Act (NSW) also states that members of Parliament (or any who holds office under the Crown) do not have to re-take their oaths. While all states in Australia have a similar rule, Victoria is an exception. According to Section 23 of the Victorian Constitution Act (1975), members of Parliament will need to make an oath or affirmation to the King.
Legal Changes: Meaning of “Queen’s Counsel” or “King’s Counsel”
In Commonwealth countries such as the UK, Canada, Australia and New Zealand, highly experienced senior trial lawyers, typically advocates or barristers, have the title Queen’s Counsel (QC) or King’s Counsel (KC). This depends on whether the head of State is a Queen or a King.
As we are presently under the reign of King Charles III, all such advocates/ barristers will have the title KC. Interestingly, in some Australian states like NSW, the top barristers are termed as Senior Counsel (SC). NSW replaced the QC title in the year 1993.
While previously these top barristers needed to apply for an extension in their titles when monarchs changed (either due to death or abdication), the process of change in this title became automatic in 1901.
Criminal Cases Update
In criminal cases, case files referred to the prosecution as the Queen, for instance, “the Queen vs the Defendant.” Now case files will use “King” in place of Queen. This change has already taken effect, as seen in a recent case in Victoria.
References:
- https://www.theage.com.au/cbd/legal-eagles-are-all-the-king-s-men-now-20220911-p5bh71.html
- https://www.afr.com/companies/professional-services/qcs-to-be-kcs-as-charles-iii-takes-the-throne-20220909-p5bgs
- https://www.theguardian.com/australia-news/2022/sep/10/from-qc-to-kings-counsel-and-the-queens-birthday-what-changes-in-australia-after-the-monarchs-death
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