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Technically, the Queen is supposed to be able to pardon people just like the President Of The USA can. But she does so only with the full support and recommendation of the government.
But what if she just did it on her own accord, on a whim, without consulting anyone?
What would happen?
Whilst there is nothing to stop her doing this, there would be a massive argument, the same as if she did anything else she still technically has royal prerogative power to do. Certainly there would be calls for her to abdicate for abusing her powers in what, after all, is a democracy. She cannot be made to leave the throne but the public outrage would make her position impossible.
In less restrained times, monarchs doing just as they please while ignoring the elected government and Parliament has led to them being removed – think of Charles I (who was executed after being the cause of the English Civil War) and James II (who was virtually run out of the country as part of the Glorious Revolution).
I have no doubt that one obvious result would be that the government would immediately introduce a Bill into Parliament removing the power of the Queen to pardon people except on the advice of Ministers, or even removing it completely. If the Queen refused to give her Royal Assent to that, she would be the first monarch to do so in over 300 years and this would only make the situation worse.
Apart from that it’s hard to say what would happen as the law just doesn’t cover it – such is the situation when the United Kingdom is one of only three countries in the world without a written constitution! We’ve never needed one as apart from Stuart monarchs in the 17th century, all kings and queens of the United Kingdom have “played the game” ever since the rise of Parliament and so it hasn’t been necessary. If the Queen broke that convention, then as I say, a very likely result would be the passing of legislation to stop her doing it again, or possibly even the abolition of the monarchy.
She wouldn’t have to, there are many other easier routes that can be taken to get the result the monarch desires. Why would she need to issue a pardon when all the courts work for her ???
The most recent public “pardon” would probably have been Paul Burrells . . .
If that happened the govt would take steps to limit her power.
Technically, the Queen is the sole source of power in the United Kingdom. The Parliament of the United Kingdon, the Armed forces and the courts are all ”Her Majesty’s government, ”Her Majesty’s Royal Air Force Lynham” (as an example) and ”The Crown Court”. Her Royal prerogatives allow her to do three MAIN things. She has the right to dissolve Parliament, appoint her OWN Prime Minister and grnt a Royal pardon. She has the right to be consulted, the right to advise and the right to warn.
Theoretically the following example could potentially happen. I will write the example in the form of anewspaper article to make the point clearer.
QUEEN DISSOLVES PARLIAMENT AND APPOINTS PRIME MINISTER
Buckingham Palace have confirmed that due to the overwhelming popularity of the Labour party, Her Majesty the Queen has taken measures to dissolve Parliament and has invited the leader of the Conservative party David Cameron to form a government in her name. As a result, the Labour party have been forced to step down in favour of the Conservative party.
Although this is a very vague article, although the Queen is supposed to remain politically impartial she could easily appoint a Prime Minister and a government that she PERSONALLY favours or would work in HER best interests and thereby ensure the continuity of the monarchy.
To answer your question therefore, the government could and would do nothing.
The required paperwork would not be there. There is no way for the Queen to submit the pardon without it.
By convention, the Queen only pardons with the advice and consent of the Government.
However, she can, of her own personal initiative, pardon someone without consulting the Government.
This is done under the Royal Prerogative using Letters Patent. There is no requirement for paperwork (as another answerer says).
Letters Patent are simply a primary form of legislation directly created by the Crown which have the force of law. So a pardon granted under Letters Patent would be legally valid and enforceable at law.
There would most likely be an uproar in Parliament but the pardon would be legally valid.