The ILOR's and the CPS

[Silkywhiskers]

The ILOR's weren't about Portugese suspects.

The ILOR's were sent by the CPS - the British CPS who will NEVER have any interest in crimes committed by Portugese nationals.

The CPS deal with prosecutions against British Subjects only.

[misty]

The ILOR's weren't about Portugese suspects.

The ILOR's were sent by the CPS - the British CPS who will NEVER have any interest in crimes committed by Portugese nationals.

The CPS deal with prosecutions against British Subjects only.

Who said they were Portuguese? Many citizens in Portugal have dual nationality. Why have the Met gone to Portugal to question people who are in the UK right now?

[Silkywhiskers]

Who said they were Portuguese? Many citizens in Portugal have dual nationality. Why have the Met gone to Portugal to question people who are in the UK right now?

Who exactly have they gone to question in your opinion?

I thought they'd gone to dig up PDL looking for Madeleine's body outside 5a which means that she died, which in turn means the "abduction" "burglar" story is a load of bs.

[Carana]

The ILOR's weren't about Portugese suspects.

The ILOR's were sent by the CPS - the British CPS who will NEVER have any interest in crimes committed by Portugese nationals.

The CPS deal with prosecutions against British Subjects only.

Mutual legal assistance

Mutual legal assistance (MLA) is the formal way in which countries request and provide evidence located in one country to assist in criminal investigations or proceedings in another country.

In England, Wales or Northern Ireland, MLA requests are made via an LOR (also known as an international letter of request (ILOR)). The purpose of an LOR is to ask the requested state to obtain specific, identifiable evidence.

An LOR outlines the case, the evidence requested and any legislation that should be adhered to in order to ensure that the evidence is gathered in a way that will be admissible in the requesting state’s proceedings.

Responsibility for drafting and issuing an LOR rests with the relevant prosecution authority. In the UK this is the CPS.

MLA can be a resource intensive and time-consuming process, placing considerable burdens on the requested state. It should, therefore, be used only where the evidence is necessary and expected to add value. It must not be used if material can be obtained through other means, eg, where material is already in the public domain.
Letter of request

Evidence can be requested both before and after a person is charged with an offence. During the investigation phase, an LOR can be issued even prior to any suspect being arrested.

Types of assistance that can be provided under an LOR include a request:

    to take witness statements
    to search and/or seize property
    to formally interview suspects
    for banking evidence
    for telecommunications data
    to allow UK personnel to travel to the overseas state in question in order to conduct enquiries
    to conduct covert deployments.
http://www.app.college.police.uk/app-content/investigations/european-investigations/

[slartibartfast]

An LOR outlines the case, the evidence requested and any legislation that should be adhered to in order to ensure that the evidence is gathered in a way that will be admissible in the requesting state’s proceedings.

That is the key phrase. Information is needed for a UK prosecution.

[Carana]

That is the key phrase. Information is needed for a UK prosecution.

Well, yes, the UK has an open police investigation. Why would the nationality of the persons of interest be relevant in terms of an ILOR? They wouldn't need it to question people in their own jurisdiction, but would if they were overseas.

[stephen25000]

Well, yes, the UK has an open police investigation. Why would the nationality of the persons of interest be relevant in terms of an ILOR? They wouldn't need it to question people in their own jurisdiction, but would if they were overseas.

An open police investigation with no powers.

[slartibartfast]

Well, yes, the UK has an open police investigation. Why would the nationality of the persons of interest be relevant in terms of an ILOR? They wouldn't need it to question people in their own jurisdiction, but would if they were overseas.

It is not normally within the Juristiction of one country to prosecute a citizen of another country for crimes committed in another country (war crimes and other such offences excepted).

[Carana]

It is not normally within the Juristiction of one country to prosecute a citizen of another country for crimes committed in another country (war crimes and other such offences excepted).

The point that SW was making was that the Met wouldn't be interested in a Portuguese offender and that therefore the 8 POIs that they'd like to interview were necessarily the Tapas gang. If that's the case, why would they have to send an ILOR to Portugal? That doesn't make sense to me.

At this stage, they're investigating an undetermined crime against a British national committed by person(s) unknown. If (hopefully when) the case is resolved, then the issue of jurisdiction would come into play for a prosecution. But they're not at that stage yet.

[slartibartfast]

The point that SW was making was that the Met wouldn't be interested in a Portuguese offender and that therefore the 8 POIs that they'd like to interview were necessarily the Tapas gang. If that's the case, why would they have to send an ILOR to Portugal? That doesn't make sense to me.

At this stage, they're investigating an undetermined crime against a British national committed by person(s) unknown. If (hopefully when) the case is resolved, then the issue of jurisdiction would come into play for a prosecution. But they're not at that stage yet.

If they were PT suspects for a crime committed in PT, I think the PT would have told SY to sling their hooks. The ILORs are needed for evidence in PT and will be for PT witnesses.

[Carana]

If they were PT suspects for a crime committed in PT, I think the PT would have told SY to sling their hooks. The ILORs are needed for evidence in PT and will for PT witnesses.

Sorry, I don't understand your post.

[slartibartfast]

Sorry, I don't understand your post.

Spelling mistake.

[Silkywhiskers]

Mutual legal assistance

Mutual legal assistance (MLA) is the formal way in which countries request and provide evidence located in one country to assist in criminal investigations or proceedings in another country.

In England, Wales or Northern Ireland, MLA requests are made via an LOR (also known as an international letter of request (ILOR)). The purpose of an LOR is to ask the requested state to obtain specific, identifiable evidence.

An LOR outlines the case, the evidence requested and any legislation that should be adhered to in order to ensure that the evidence is gathered in a way that will be admissible in the requesting state’s proceedings.

Responsibility for drafting and issuing an LOR rests with the relevant prosecution authority. In the UK this is the CPS.

MLA can be a resource intensive and time-consuming process, placing considerable burdens on the requested state. It should, therefore, be used only where the evidence is necessary and expected to add value. It must not be used if material can be obtained through other means, eg, where material is already in the public domain.
Letter of request

Evidence can be requested both before and after a person is charged with an offence. During the investigation phase, an LOR can be issued even prior to any suspect being arrested.

Types of assistance that can be provided under an LOR include a request:

    to take witness statements
    to search and/or seize property
    to formally interview suspects
    for banking evidence
    for telecommunications data
    to allow UK personnel to travel to the overseas state in question in order to conduct enquiries
    to conduct covert deployments.
http://www.app.college.police.uk/app-content/investigations/european-investigations/

Don't you love it when Team McCann prove themselves wrong?

Thanks for posting.

For the claim the dig is just another fishing expedition, we have this -

MLA can be a resource intensive and time-consuming process, placing considerable burdens on the requested state. It should, therefore, be used only where the evidence is necessary and expected to add value.


Confirmation that the dig in PDL is "expected to add value".

Also confirmation that the CPS is ONLY involved when the POI is British.

In the UK this is the CPS.

[gilet]

The ILOR's weren't about Portugese suspects.

The ILOR's were sent by the CPS - the British CPS who will NEVER have any interest in crimes committed by Portugese nationals.

The CPS deal with prosecutions against British Subjects only.

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.

[ferryman]

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.

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 ...