Wednesday, 19 September 2007

Steve Bird and David Brown: Could the McCanns be prosecuted in Britain?

The Times question: Could the McCanns be prosecuted in Britain?

The Times answer: It is possible to prosecute a British citizen for a murder or manslaughter abroad under the Offences Against the Person Act 1861. This was last done in 2005 when Christopher Newman was convicted at the Inner London Crown Court of murdering Georgina Eager in Dublin.

Gazeta Digital question: Could the McCanns be prosecuted and put on trial in Portugal?

European Union answer: “The European arrest warrant applies to all offences. In practice, the judiciary of each member state will be able to issue a European arrest warrant when a person is being prosecuted for an offence punishable by a custodial sentence of over a year or when the person has been sentenced to custodial or detention order exceeding four months. When an arrest is carried out on the basis of a European arrest warrant in a member state, the person will be handed over by the judiciary of the state where the arrest has taken place pending minimal control over a maximum period of three months.”