Author Topic: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?  (Read 41965 times)

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stephen25000

  • Guest
Re: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?
« Reply #330 on: June 02, 2017, 07:46:40 PM »
'An EAW can only be issued for the purposes of conducting a criminal prosecution (not merely an investigation), or enforcing a custodial sentence.[1] It can only be issued for offences carrying a maximum penalty of 1 year or more in prison. Where sentence has already been passed an EAW can only be issued if the prison term to be enforced is at least four months long.'

Offline Mr Gray

Re: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?
« Reply #331 on: June 02, 2017, 07:47:09 PM »
An EAW can only be executed if the offence took place in the state requesting the arrest. So;

Offence committed in Portugal - no EAW by UK
https://en.wikipedia.org/wiki/European_Arrest_Warrant

i think you are wrong...could you copy and paste the relevant section

Offline Mr Gray

Re: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?
« Reply #332 on: June 02, 2017, 07:50:37 PM »
'An EAW can only be issued for the purposes of conducting a criminal prosecution (not merely an investigation), or enforcing a custodial sentence.[1] It can only be issued for offences carrying a maximum penalty of 1 year or more in prison. Where sentence has already been passed an EAW can only be issued if the prison term to be enforced is at least four months long.'

so if SY wanted to prosecute someone they would have power of arrest via an EAW

so in certain circumstances SY would have powers of arrest


can we get back on topic...the point has been proved

stephen25000

  • Guest
Re: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?
« Reply #333 on: June 02, 2017, 07:51:50 PM »
Not with an investigation.

Offline Mr Gray

Re: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?
« Reply #334 on: June 02, 2017, 07:53:26 PM »
Not with an investigation.

SY would have powers of arrest in certain circumstances ...you said they had NO power of arrest

i think thats the end of it now

Offline John

Re: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?
« Reply #335 on: June 02, 2017, 08:36:11 PM »
Let's put it this way ... if the Portuguese wished to arrest or even question a British subject ... do they just jump on the next flight and do the business?  I do not think so.

British police have jurisdiction in Britain.

Portuguese police have jurisdiction in Portugal.  Each require to go through formal legal channels if they wish to extradite anyone or even question anyone.

I think this line of discussion is way off topic on this thread.

The European Arrest Warrant is very simple. If the Portuguese police have enough evidence to issue a warrant for someones arrrest in relation to a crime which is acknowledged as a crime in both the requesting and the requested State then the British police have to arrest the individual concerned.  They then go before a magistrate who decides if they can be extradited.
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline John

Re: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?
« Reply #336 on: June 02, 2017, 08:43:51 PM »
,SY couldn't arrest any one in Portugal for a trial in Portugal,on a EAW.

SY have no power in Portugal, they are merely civilians.
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline John

Re: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?
« Reply #337 on: June 02, 2017, 08:47:01 PM »
in the case of certain crimes they would ahve the power to arrest via european arrest warrant

Only for crimes committed in the UK.  If someone is eventually found who abducted or harmed Madeleine it will be dealt with by the Portuguese legal system.
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline John

Re: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?
« Reply #338 on: June 02, 2017, 08:49:03 PM »
What about if an abductor is in this Country?

What is the legal situation then?

If someone is identified in the UK as having had an involvement in Madeleine's disappearance then they will be the subject of a Portuguese EAW and returned to Portugal to face trial.  Please note that this will require new legislation after the UK leaves the EU.
« Last Edit: June 02, 2017, 08:51:20 PM by John »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline John

Re: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?
« Reply #339 on: June 02, 2017, 08:53:51 PM »
I will move these off topic posts to a new thread shortly so please continue to post responses.
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Mr Gray

Re: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?
« Reply #340 on: June 02, 2017, 09:01:37 PM »
Only for crimes committed in the UK.  If someone is eventually found who abducted or harmed Madeleine it will be dealt with by the Portuguese legal system.

they do have jurisdiction for certain crimes but it would be very unlikely they would need to exercise it

Offline Alice Purjorick

Re: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?
« Reply #341 on: June 02, 2017, 09:03:39 PM »
so in that instance SY would have the power of arrest via a EAW...which is exactly what I posted....so I am confusing nothing...thank you for confirming I am correct

1 No
2 You were not.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Mr Gray

Re: Was Mark Rowley wrong to claim that Madeleine McCann was abducted?
« Reply #342 on: June 02, 2017, 09:07:38 PM »