Author Topic: The ILOR's and the CPS  (Read 41445 times)

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Offline gilet

Re: The ILOR's and the CPS
« Reply #15 on: June 01, 2014, 12:57:09 AM »

But a clue is that UK police do not issue ILORs relating to any need to interview UK citizens who are based and currently living in the UK.


I can think of at least one UK person (not currently living in the uk) who might be a person of interest.

But not involved in Madeleine's abduction ...

I can think of a number of people whose residence is not the UK currently who may be persons of interest and may indeed have been involved in the abduction...

Such speculation is, however, a complete waste of time and effort.

Silkywhiskers

  • Guest
Re: The ILOR's and the CPS
« Reply #16 on: June 01, 2014, 01:10:27 AM »

But a clue is that UK police do not issue ILORs relating to any need to interview UK citizens who are based and currently living in the UK. In case you hadn't noticed they just get in a car, drive to the person's place of work or home and ask them for an interview. Very simple indeed.

Having done that with the McCanns and other witnesses they are now looking at the witnesses who are actually abroad.

And as for your references to prosecutions and the CPS, what has that got to do with the price of cheese? The role of the CPS has not been in preparing any specific prosecution in this case so far (and almost certainly never). Have you not kept up with what their actual role has been? Dear me and you claim those supporting the McCanns (you used the rather stupid term "Team McCann" to describe posters I believe) have dropped themselves in it. I am afraid 'tis you who looks rather foolish to those who have a decent grasp of law and might I say even a basic grasp of logic.

Great theory, but the ILORs are not requesting interviews are they?

They are requesting the digs.

The CPS HAS NO ROLE IN THE CRIMINAL ACTIONS OF NON BRITISH SUBJECTS.

« Last Edit: June 01, 2014, 04:42:05 AM by John »

Offline gilet

Re: The ILOR's and the CPS
« Reply #17 on: June 01, 2014, 01:19:54 AM »
Great theory, but the ILORs are not requesting interviews are they?

They are requesting the digs.

The CPS HAS NO ROLE IN THE CRIMINAL ACTIONS OF NON BRITISH SUBJECTS.

Nor has anyone suggested that the suspects are necessarily non-british, nor has the CPS been necessarily involved in any attempt to deal with criminal actions by non-British subjects. You really should stop guessing as to what the CPS involvement is. For those who have been paying full attention to what information has been available it is perfectly clear that their involvement related only to part of the activity of the OG team in Portugal.


Offline misty

Re: The ILOR's and the CPS
« Reply #18 on: June 01, 2014, 01:23:52 AM »
Great theory, but the ILORs are not requesting interviews are they?

They are requesting the digs.

The CPS HAS NO ROLE IN THE CRIMINAL ACTIONS OF NON BRITISH SUBJECTS.



So, 273 ILORs for 273 digs - is that what you are saying?

Offline gilet

Re: The ILOR's and the CPS
« Reply #19 on: June 01, 2014, 01:29:02 AM »
With regard to Sillywhiskers' comments about the ILORs, I have just checked and such letters of request can be used when interviews of people are required. What makes you believe that in this case they are not related to such possible interviews with people domiciled in Portugal? Do you actually have anything on which to base that belief or is it simply a guess/stab in the dark?


Silkywhiskers

  • Guest
Re: The ILOR's and the CPS
« Reply #20 on: June 01, 2014, 02:19:35 AM »
Give me strength and follow closely.

The CPS is the Crown Prosecution Service.

Their job is to be the link between the police and the judiciary.

The judiciary of the UK.

With me so far?

The police develop a case against person X and Y.  (or in this case, 8 of them).

They then take the evidence they have to the CPS and ask for advice to CHARGE THE SUSPECTS and therefore LINK to the judiciary.

The CPS DO NOT and HAVE NEVER had the function of prosecuting non-British subjects in non-British courts, or even British subjects in non-British courts....their responsibility is ONLY prosecuting within the British Legal System.

In this case, IF the POI's are Portugese and the crime is committed in Portugal, the CPS can have no other authority but advising the Portugese of said crimes.

The CPS can ONLY prosecute WITHIN BRITAIN.

If the POI's were not British, then SY would be working with the Portugese equivalent of the CPS....not the British!


Offline Carana

Re: The ILOR's and the CPS
« Reply #21 on: June 01, 2014, 12:40:37 PM »
Give me strength and follow closely.

The CPS is the Crown Prosecution Service.

Their job is to be the link between the police and the judiciary.

The judiciary of the UK.

With me so far?

The police develop a case against person X and Y.  (or in this case, 8 of them).

They then take the evidence they have to the CPS and ask for advice to CHARGE THE SUSPECTS and therefore LINK to the judiciary.

The CPS DO NOT and HAVE NEVER had the function of prosecuting non-British subjects in non-British courts, or even British subjects in non-British courts....their responsibility is ONLY prosecuting within the British Legal System.

In this case, IF the POI's are Portugese and the crime is committed in Portugal, the CPS can have no other authority but advising the Portugese of said crimes.

The CPS can ONLY prosecute WITHIN BRITAIN.

If the POI's were not British, then SY would be working with the Portugese equivalent of the CPS....not the British!

How, when the Portuguese authorities want any requests from the UK police to pass through the ILOR process, for which the CPS is responsible?

The other problem with your assertion is that the investigation is not at the stage of charging anyone. Until the culprit has been identified, the jurisdiction for prosecution remains unknown.
« Last Edit: June 01, 2014, 12:44:04 PM by Carana »

Offline Mr Gray

Re: The ILOR's and the CPS
« Reply #22 on: June 01, 2014, 01:12:52 PM »
Give me strength and follow closely.

The CPS is the Crown Prosecution Service.

Their job is to be the link between the police and the judiciary.

The judiciary of the UK.

With me so far?

The police develop a case against person X and Y.  (or in this case, 8 of them).

They then take the evidence they have to the CPS and ask for advice to CHARGE THE SUSPECTS and therefore LINK to the judiciary.

The CPS DO NOT and HAVE NEVER had the function of prosecuting non-British subjects in non-British courts, or even British subjects in non-British courts....their responsibility is ONLY prosecuting within the British Legal System.

In this case, IF the POI's are Portugese and the crime is committed in Portugal, the CPS can have no other authority but advising the Portugese of said crimes.

The CPS can ONLY prosecute WITHIN BRITAIN.

If the POI's were not British, then SY would be working with the Portugese equivalent of the CPS....not the British!

Most of what you post is wrong and this point is no exception. CPS responsible for ILORs..thats it...that's why they are involved

Offline Mr Gray

Re: The ILOR's and the CPS
« Reply #23 on: June 01, 2014, 01:15:57 PM »
That is the key phrase. Information is needed for a UK prosecution.

no..for a uk investigation

Offline Mr Gray

Re: The ILOR's and the CPS
« Reply #24 on: June 01, 2014, 03:08:16 PM »
Lovely Jubbly! straight into the nuts and bolts ignoring the higher level stuff.
Rule number one when administering any contract document or specifications: make sure you understand the purpose and all the definitions.
 8(>((

Aim
This guidance is produced:

    To provide practical advice on obtaining and using evidence and information from other countries;
    To set out the legal framework in relation to these matters;
    To show the distinction between Mutual Legal Assistance and other forms of co-operation;
    To clarify the roles and responsibilities of organisations working within this field;
    To give guidance to prosecutors on drafting a letter of request.


meanwhile back in the swarf.

So to suggest that the CPS involvement is because the suspects are UK citizens is bonkers

Offline Mr Gray

Re: The ILOR's and the CPS
« Reply #25 on: June 01, 2014, 04:21:00 PM »
Hardly. One should look at the wider interpretation and implications of the following:
To provide practical advice on obtaining and using evidence and information from other countries;
It would be foolish to attempt to second guess what is going on.
We know two things for sure as I said on another thread.
DCI Redwood believes Tannerman was almost certainly not the abductor.
DCI Redwood has authority to have holes dug in PdL.
We can surmise the digging of holes was the first ILOR but even that ain't worth betting on.

But this is exactly what whiskas is doing...I say bonkers you say foolish

Silkywhiskers

  • Guest
Re: The ILOR's and the CPS
« Reply #26 on: June 01, 2014, 09:10:54 PM »
Can you all show me a case where the British CPS involved itself in charging (under British law) a criminal who was not British, nor residing in Britain, nor committing said crime in Britain?

Thanks.

Silkywhiskers

  • Guest
Re: The ILOR's and the CPS
« Reply #27 on: June 01, 2014, 10:46:07 PM »
Can you all show me a case where the British CPS involved itself in charging (under British law) a criminal who was not British, nor residing in Britain, nor committing said crime in Britain?

Thanks.

Still waiting Team McCann!!!!!

Offline misty

Re: The ILOR's and the CPS
« Reply #28 on: June 02, 2014, 01:00:25 AM »
Still waiting Team McCann!!!!!

The British CPS has not formally been given the identity of any individual to be charged. A non-Brit would either be charged in their own country or Portugal, depending on the conditions under the Hague Service Convention.
But we haven't reached that stage yet, so your question is not really relevant.


Silkywhiskers

  • Guest
Re: The ILOR's and the CPS
« Reply #29 on: June 02, 2014, 01:10:27 AM »
The British CPS has not formally been given the identity of any individual to be charged. A non-Brit would either be charged in their own country or Portugal, depending on the conditions under the Hague Service Convention.
But we haven't reached that stage yet, so your question is not really relevant.

What a load of rubbish.

The CPS wrote the ILOR's based on the evidence presented to them by Operation Grange.

Evidence including POI's, otherwise the CPS would have no involvement yet, at all.