Author Topic: The CPS in Portugal  (Read 5919 times)

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Offline slartibartfast

Re: The CPS in Portugal
« Reply #15 on: May 29, 2018, 10:21:05 AM »
Have you read the other thread on the subject?

A load of opinion by posters who no longer do ...
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Vertigo Swirl

Re: The CPS in Portugal
« Reply #16 on: May 29, 2018, 10:22:43 AM »
A load of opinion by posters who no longer do ...
Delete the whole thread then, seeing as it has no worth.
"You can't reason with the unreasonable".

Offline Vertigo Swirl

Re: The CPS in Portugal
« Reply #17 on: May 29, 2018, 10:36:40 AM »
No doubt completely irrelevant just like all my contributions to this forum, but you never know, one day I might strike it lucky:

https://www.cps.gov.uk/legal-guidance/jurisdiction
"You can't reason with the unreasonable".

Offline Angelo222

Re: The CPS in Portugal
« Reply #18 on: May 29, 2018, 10:42:09 AM »
No doubt completely irrelevant just like all my contributions to this forum, but you never know, one day I might strike it lucky:

https://www.cps.gov.uk/legal-guidance/jurisdiction

I cannot see how the UK could have any jurisdiction over this case as the crime, assuming there is one and she didn't fall into a hole and was buried over as some have previously suggested, was committed in Portuguese territory.

However, a case for proceedings being conducted in the UK could be made if it was found that those involved were all British and it didn't involve any Portuguese nationals.

It must never be forgotten however that the criminal activity which occurred post Maddie's disappearance involved not only British citizens but Irish, Portuguese and Spanish nationals too.
« Last Edit: May 29, 2018, 10:47:57 AM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Brietta

Re: The CPS in Portugal
« Reply #19 on: May 29, 2018, 12:26:21 PM »
I'm sure you can provide cites to back that up.

Of course I can.  Please tell me why you require cites for what is common knowledge?
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline slartibartfast

Re: The CPS in Portugal
« Reply #20 on: May 29, 2018, 01:15:27 PM »
Delete the whole thread then, seeing as it has no worth.

Doesn’t work like that, removing old posts that contravene current interpretation of the rules would be a full time job and expecting to use them as cites fraught with difficulties.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Alice Purjorick

Re: The CPS in Portugal
« Reply #21 on: May 29, 2018, 01:43:36 PM »
It would seem unreasonable for one country to be expected to change aspects of its legal system just to accommodate another country.

As changes to UK laws involve acts of parliament ................... extend to logical conclusion ?{)(**
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Alice Purjorick

Re: The CPS in Portugal
« Reply #22 on: May 29, 2018, 01:52:31 PM »
I'm sure it would have been posted before but seeing as its a new thread.

https://www.cps.gov.uk/

So back to the op,why would the CPS be in Portugal the site specifically says in England and Wales.

Given that the whole MLA / ILOR set up extends beyond pettyfogging internet wars between opposing factions with a very narrow focus, lifting ones eyes to the horizon might help... 8(0(*

The CPS submit ILORs in accordance with a set of rules. One is that an ILOR cannot be a fishing expedition much as the cops and others might wish it were.
Another rule is that if what is is being requested is without the laws of the country from which it is being requested then that country may legitimately bounce the request.

"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline G-Unit

Re: The CPS in Portugal
« Reply #23 on: May 29, 2018, 04:00:05 PM »
Given that the whole MLA / ILOR set up extends beyond pettyfogging internet wars between opposing factions with a very narrow focus, lifting ones eyes to the horizon might help... 8(0(*

The CPS submit ILORs in accordance with a set of rules. One is that an ILOR cannot be a fishing expedition much as the cops and others might wish it were.
Another rule is that if what is is being requested is without the laws of the country from which it is being requested then that country may legitimately bounce the request.

Information requested must be necessary and proportional too, which is why the Home Office refused one of the Portuguese requests;

As you know, in considering requests for coercive measures the Secretary of State must consider necessity and proportionality. On the basis of the information before me, the request for evidence relating to Mr McCann's Mastercard accounts for a 6 month period or, at least in the first instance, refine your request to a period immediately prior to and following the day of the alleged sighting, I would be more than happy to look at this part of the request again.
http://www.mccannpjfiles.co.uk/PJ/FRANCES_KENNAH.htm
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Ignore and break the rules
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Offline Miss Taken Identity

Re: The CPS in Portugal
« Reply #24 on: May 29, 2018, 09:50:50 PM »
It would seem unreasonable for one country to be expected to change aspects of its legal system just to accommodate another country.

oh but surely they could have changed a smidgen for those poor parents, I mean just a couple of things...
'Never underestimate the power of stupid people'... George Carlin

Offline G-Unit

Re: The CPS in Portugal
« Reply #25 on: May 30, 2018, 08:03:50 AM »
In Portugal the Directorate-General of Justice Administration, part of the Ministry of Justice, deals with ILOR's.
https://www.hcch.net/en/states/authorities/details3/?aid=514

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Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
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Offline Carana

Re: The CPS in Portugal
« Reply #26 on: May 30, 2018, 01:58:56 PM »
Given that the whole MLA / ILOR set up extends beyond pettyfogging internet wars between opposing factions with a very narrow focus, lifting ones eyes to the horizon might help... 8(0(*

The CPS submit ILORs in accordance with a set of rules. One is that an ILOR cannot be a fishing expedition much as the cops and others might wish it were.
Another rule is that if what is is being requested is without the laws of the country from which it is being requested then that country may legitimately bounce the request.

I have no problem with that, but I'm only popping in and I'm not sure what the argument is about...


Offline Carana

Re: The CPS in Portugal
« Reply #27 on: May 30, 2018, 02:00:58 PM »
Information requested must be necessary and proportional too, which is why the Home Office refused one of the Portuguese requests;

As you know, in considering requests for coercive measures the Secretary of State must consider necessity and proportionality. On the basis of the information before me, the request for evidence relating to Mr McCann's Mastercard accounts for a 6 month period or, at least in the first instance, refine your request to a period immediately prior to and following the day of the alleged sighting, I would be more than happy to look at this part of the request again.
http://www.mccannpjfiles.co.uk/PJ/FRANCES_KENNAH.htm

I find that fair enough. There was an oppotunity to justify that request, but AFAIK, it got dropped.