Would an amnesty in the Madeleine case bring forth a conclusion?

[misty]

Point being that SY should stand aside now if they have drawn a blank.  There are plenty of professionals out there who could take this case further.  I fear however that saving face has become more important than solving the case.

Just last week in the William Tyrrell case a $1m (Australian) reward was offered for information & the safe return of the missing boy. There is also immunity from prosecution but with conditions attached.
It will be interesting to see how the case plays out as it is the biggest reward on offer in Australian history. The police down under appear to have done a good job in trying to locate William & also seem pretty convinced he was abducted. 600 POI's tells you how difficult a case it is.
Personally, I think SY know what happened to MM on the 3rd & who took her but it is up to the Portuguese to collate all the evidence they need to secure convictions.

[Brietta]

Just last week in the William Tyrrell case a $1m (Australian) reward was offered for information & the safe return of the missing boy. There is also immunity from prosecution but with conditions attached.
It will be interesting to see how the case plays out as it is the biggest reward on offer in Australian history. The police down under appear to have done a good job in trying to locate William & also seem pretty convinced he was abducted. 600 POI's tells you how difficult a case it is.
Personally, I think SY know what happened to MM on the 3rd & who took her but it is up to the Portuguese to collate all the evidence they need to secure convictions.

I think it possible the Australian police learned lessons from the Chamberlain case.
https://www.theguardian.com/world/2012/jun/12/dingo-baby-azaria-lindy-chamberlain

I also agree that Scotland Yard know a lot more about what happened to Madeleine than they can say.

[mercury]

I think it possible the Australian police learned lessons from the Chamberlain case.
https://www.theguardian.com/world/2012/jun/12/dingo-baby-azaria-lindy-chamberlain

I also agree that Scotland Yard know a lot more about what happened to Madeleine than they can say.

Meaning????

[Brietta]

Meaning????

Exactly what I have said.

[misty]

I think it possible the Australian police learned lessons from the Chamberlain case.
https://www.theguardian.com/world/2012/jun/12/dingo-baby-azaria-lindy-chamberlain

I also agree that Scotland Yard know a lot more about what happened to Madeleine than they can say.

Yes, I agree.

The Daniel Morcombe case is also a relevant precedent for the NSW police.
https://en.wikipedia.org/wiki/Murder_of_Daniel_Morcombe

[mercury]

Exactly what I have said.

What did you say  which post number?

[Robittybob1]

What did you say  which post number?

http://miscarriageofjustice.co/index.php?action=post;quote=356100;topic=3516.60;last_msg=356109

It is possible but can we be sure of it?

[Alfie]

Point being that SY should stand aside now if they have drawn a blank.  There are plenty of professionals out there who could take this case further.  I fear however that saving face has become more important than solving the case.

would you like to suggest who these professionals are and who will be employing them, on what basis?

[Carana]

An amnesty offered to whom, for what and by whom?

I have read of amnesties offered in some situations in the UK, but I'm not sure about PT. I'm thinking of, e.g., if someone witnessed or later discovered what happened to her, but hasn't come forward due to fear of prosecution for comparatively minor illegal activity.

I don't recall any instances of amnesty for anyone responsible for serious crimes, such as abduction, sexual abuse or murder.

Could an amnesty be offered if someone knew that she was being kept in captivity and hasn't reported due to fear of prosecution for being an accessory after the fact?

It's not clear which prosecuting authority would need to make any such decision.

While charges would normally be brought against those responsible in the country in which the crime was committed, there appear to be exceptions.


Resolving jurisdictional conflicts
Where the offence occurred on a single territory

Generally, an offence will only be triable in the jurisdiction in which the offence takes place, unless there is a specific provision to ground jurisdiction, for instance where specific statutes enable the UK to exercise extra-territorial jurisdiction:

sexual offences against children (section 72 of the Sexual Offences Act 2003) A new section 72 was substituted by the Criminal Justice and Immigration Act 2008 which came into effect from 14 July 2008 onwards. It is important to ensure that any prosecution is brought under the provision in force at the time the alleged conduct occured as the terms of the substantive provisions and details of the offences they cover are not identical;
murder and manslaughter (subsection 9 and 10 of the Offences Against the Person Act 1861)
fraud (the 2006 Act imposes extra territorial jurisdiction in respect od offences in subsection. 1, 6, 7, 9 and 11 of the Fraud Act 2006) and dishonesty (Criminal Justice Act 1993 Part 1 still applies to the remaining unrepealed sections of the Theft Act 1968);
terrorism (subsection 59, 62-63 of the Terrorism Act 2000 and section 17 of the Terrorism Act 2006);
bribery (The Bribery Act 2010 repeals the common law and the statutory offences of corruption for offences committed wholly on or after 1 July 2011. For those offences the Bribery Act imposes extra-territorial jurisdiction. Section 109 of the Anti-Terrorism and Security Act 2001 still applies to provide extre-territorial jurisdiction in respect of offences committed wholly or partially before 1 July 2011.

For a list of particular offences with an extra-territorial reach see Archbold .

http://www.cps.gov.uk/legal/h_to_k/jurisdiction/


However...

There is this:
http://www.legislation.gov.uk/ukpga/2003/42/section/72

and this:
http://www.legislation.gov.uk/ukpga/Vict/24-25/100

[John]

Just last week in the William Tyrrell case a $1m (Australian) reward was offered for information & the safe return of the missing boy. There is also immunity from prosecution but with conditions attached.
It will be interesting to see how the case plays out as it is the biggest reward on offer in Australian history. The police down under appear to have done a good job in trying to locate William & also seem pretty convinced he was abducted. 600 POI's tells you how difficult a case it is.
Personally, I think SY know what happened to MM on the 3rd & who took her but it is up to the Portuguese to collate all the evidence they need to secure convictions.

At least New South Wales Police have got their priorities right.  Maybe the Met can learn from them?

https://www.theguardian.com/australia-news/2016/sep/12/william-tyrrell-1m-reward-for-information-about-missing-boy

[Brietta]

At least New South Wales Police have got their priorities right.  Maybe the Met can learn from them?

https://www.theguardian.com/australia-news/2016/sep/12/william-tyrrell-1m-reward-for-information-about-missing-boy

I don't think Scotland Yard need to learn anything from New South Wales, John.  I do think the disgraceful way in which Madeleine's case has been handled by the Portuguese bears some scrutiny though.

NSW have investigated William's family and eliminated them from the inquiry.

NSW have gone through the process of working through various theories about what may have happened to the wee boy and have concluded he was taken by a stranger.
I don't know what evidence they have to sustain that, but I am sure they know what they are doing.

NSW police seem to be very upset that they have not found out what happened to William ... but that hasn't led them to trying to pin anything on his mother or anyone else without definitive proof.

I particularly appreciated Detective Chief Inspector Gary Jubelin dismissing "as “vindictive” any lingering suggestions that William’s relatives were involved in his abduction."

I rather get the impression he won't be writing a book suggesting anyone's guilt in any way whatsoever in the case of a missing little boy ... he appears to be far too professional a man for the thought even to occur to him.

[John]

I don't think Scotland Yard need to learn anything from New South Wales, John.  I do think the disgraceful way in which Madeleine's case has been handled by the Portuguese bears some scrutiny though.

NSW have investigated William's family and eliminated them from the inquiry.

NSW have gone through the process of working through various theories about what may have happened to the wee boy and have concluded he was taken by a stranger.
I don't know what evidence they have to sustain that, but I am sure they know what they are doing.

NSW police seem to be very upset that they have not found out what happened to William ... but that hasn't led them to trying to pin anything on his mother or anyone else without definitive proof.

I particularly appreciated Detective Chief Inspector Gary Jubelin dismissing "as “vindictive” any lingering suggestions that William’s relatives were involved in his abduction."

I rather get the impression he won't be writing a book suggesting anyone's guilt in any way whatsoever in the case of a missing little boy ... he appears to be far too professional a man for the thought even to occur to him.

I disagree, I think SY have made big mistakes in the Madeleine case.  Their overwhelming obsessive need for a prosecution at all cost has hindered any hope of finding Madeleine.  Their priority should have been the missing girl and her alone.  Private investigators would have made more headway but then they have to be the right ones and not the idiots Kennedy and the McCanns hired.

[Carana]

I disagree, I think SY have made big mistakes in the Madeleine case.  Their overwhelming obsessive need for a prosecution at all cost has hindered any hope of finding Madeleine.  Their priority should have been the missing girl and her alone.  Private investigators would have made more headway but then they have to be the right ones and not the idiots Kennedy and the McCanns hired.

Hmmmm.

Did you really mean to type SY, John?

No comment...

[Carana]

On the topic of rewards for missing people, there's a chapter on that in a publication compiled by the families of missing loved ones and law enforcement agencies. I expect I could find the link again if no one else can remember.

There are advantages and disadvantages. The issue is not as clear-cut as one might think.

[misty]

http://www.mccannpjfiles.co.uk/PJ/ROBERT-MURAT.htm
Page 985 Further background information on Robert Murat.
*snipped*
1. that the recent offer of €1.000.000 may have the opposite effect of creating more abductions in Portugal in the future, namely carried out by Russians and Romanians; that the Russians are particularly cold when it comes to questions of money;

......
The Inspector Chief
Reis Santos

------------------------------------------------------------------------------------------------------------------------------

So rumours of a £1m reward were circulating in Portugal in the early days.
What an odd comment to have been made by RM, given that there are no reported abductions from Portugal carried out by Russians or Romanians.