Most likely because Hamlet is the prince, and therefore above the law in some senses. There are a few other possible reasons too however. Legal action would have been too 'by the book' for Claudius. In other words, Claudius is a murderer - he murdered his brother. He deals with things in a different way than most kings do. Also, he is beginning to know that Hamlet is a threat to him so he would rather do something that ends in Hamlet's death. Legal action could have taken too long. And finally, Claudius is unsure like the rest of them about Hamlet's sanity, although he suspects Hamlet knows what he is doing. So, he sends him to England with Rosencrantz and Guildenstern and a note that tells the King of England to behead him. Hamlet of course, escapes.
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