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Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by Nereid on 15.06.13 11:31

Call me naïve, but couldn't Scotland Yard just close the review and say it was inconclusive if they wanted a whitewash? In my opinion they have already wasted way too much money on this case when there are other missing people / crimes to be solved. Still don't know how they can justify it for one missing child. Unless of course they really want to find the real culprits. Will we get a break-down of SY costs?

I am so hopeful that the reason for an inquiry is because there won't be a whitewash. I just can't imagine them wasting millions more on a whitewash. But I guess I'm just living in cloud cuckoo land.

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by cass7 on 15.06.13 11:39

and gerry and kate are being kept informed - to the uk public that says were not looking at them -- as if sy would be letting them know all their moves - 1st time they should know anything is when they knock on rothley towers to interview them again them and their buddies

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by Tony Bennett on 15.06.13 11:41

Loopzdaloop commented:

"I'm a bit sick of seeing people complain about the cost of this investigation. How much do people think it should cost? It's cost a similar amount for the police to stand watch outside the embassy that Julian Assange is holed up in, so therefore as they have been doing something active it is actually good value for money.

I'm particularly surprised at Mr Tony Bennett commenting upon the cost considering part of his defence previously was about the 'inequality of arms'. Thankfully in this country, it does not matter how much money, power or connections you have, the police will be supported to carry out investigations in the manner that they see fit.

Everyone here…needs to start reading between the lines at what this actually means.

What are the police actually saying by this?"


++++++++++++++++++++++++++++++++

Reply: We are all trying to read between the lines, but these lines are so impenetrable and vague that it’s hard for anyone to read between them, and it’s hardly surprising if people disagree.

I go not so much by what is said about the Scotland Yard Review Team, but by their own words and actions.

You ask: “What are the police actually saying by this?” Have you observed, loopzdaloop, that this is not a formal announcement by Scotland Yard, but yet another apparently significant announcement carefully and selectively leaked just to one mainstream media editor – a pattern we have seen repeated so often in this case for 6 years.

You also referred to the police ‘being supported to carry out investigations in the manner that they see fit’.

But that’s not what’s happened here, is it? The Metropolitan Police had no intention of carrying out a review of this case, until Rupert Murdoch’s CEO Rebekah Brooks (who was running a serialisation of the book ‘madeliene’ in one of their newspapers) threatened/persuaded the Prime Minister of the United Kingdom of Great Britain and Northern Ireland with ‘a week of bad headlines about Theresa May, the Home Secretary, if he did not order the Met to carry out a review as demanded by the McCanns (and up to now Theresa May had refused, to the evidence frustration of the McCanns).   

The £4.9 million or so that’s already been spent on this review had to be diverted  (quite probably against the wishes of the police) from other parts of the police/Home Office budget.

Two years ago, I raised the issue of whether Scotland Yard was a suitable force to carry out this review, even if any review was ever likely to get anywhere:

http://jillhavern.forumotion.net/t3049-is-scotland-yard-fit-to-carry-out-madeleine-mccann-review#

Is Scotland Yard fit to carry out Madeleine McCann Review?

Tony Bennett on Sun Jul 17, 2011 4:57 pm

Considerations:

1. The Met failed to investigate 'phone hacking

2. Stephenson, and Assistant Commissioners Heyman and Yates accepted hospitality, dinners etc. from the Murdoch executives, at a time when they were investigating crimes by the NOTW

3. Hayman went on, after retiring, to receive large sums for writing in Murdoch papers

4. Stephenson appointed arrested NOTW executive Niall Wallis and paid him £1,000 a day for 'advice' and speech-writing - and didn't tell the Met Police Authority

5. The Met failed to investigate payments by NOTW to police for informtation after Rebekah Brooks admitted them to a Commons Select Committee

6. Stephenson accepted free care at Champneys, whose marketing company was owned by Niall Wallis [NOTW Executive]

7. Stephenson accepted directions from David Cameron and Theresa May to spend £3.5 million in a Madeleine McCann Review whose awowed intention was 'to support the family'

8. The announcement of the Scotland Yard Review was made by David Cameron in the Sun, who simultaneously published Dr Gerald McCann's letter asking for a Review

9. The Sun serialised Dr Kate McCann's book: 'madeleine'

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by cass7 on 15.06.13 11:43

until we see someone from sy standing along side someone from portugal making a joint press statement - id think it was bull shit - nothing more - wonder what portugal make of this bbc - bull news ?

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by sallypelt on 15.06.13 11:50

The Blacksmith Bureau

Saturday, 15 June 2013

Now we're talking…

"Under the plan, Yard detectives will seek the assistance of the Portuguese to carry out some inquiries on their behalf. British police do not have jurisdiction in Portugal but they have the right to investigate and prosecute any British suspects who might be linked to Madeleine’s disappearance."
As Goncalo Amaral has  said repeatedly, the original investigation was "incomplete". The Attorney-General's department in the archiving summary detailed the ways in which it was incomplete. The common factor was that  the British persons of interest  were beyond reach. If the review, which we remind readers is a joint review, had led to the re-opening of the case in  Portugal then the authorities there would be faced with exactly the same problem that they had then: no way of forcing those people back and  insufficient evidence to seek European arrest warrants. That will not be the case if the Yard take over the inquiry. The only "persons of interest" to the investigation are the holiday group: the others are now dead.
Forget the forthcoming rumours  that the Portuguese will be upset by the decision – that is a Scotland Yard steer and untrue. The fact is that the two countries have finally found a way to cut the Gordian knot. Everyone who wants the truth to come out, such as the parents of the child and their supporters, will welcome the news. Hooray!

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by Guest on 15.06.13 12:06

June 2013 Last updated at 11:47


Madeleine McCann: Met police to take on investigation

Madeleine was almost four years old when she disappeared from her parent's holiday apartment




The investigation into the disappearance of Madeleine McCann is to be taken on by the Metropolitan Police.

Home Secretary Theresa May has agreed to fund the operation after Portuguese police failed to make any progress.

Madeleine, from Leicestershire, was almost four when she went missing on holiday from her family's apartment in the resort of Praia de Luz in 2007.

Scotland Yard said her parents, Kate and Gerry, were being kept fully updated on the progress of its work.

In a statement the Home Office said it "remains committed to supporting the search for Madeleine McCann" and has agreed "to provide the Metropolitan Police with the resources they need to investigate her disappearance."
Documents reviewed
A review into the case by police in the UK discovered new potential leads but the police in Portugal have not reopened the case.

The BBC understands that any investigation by Scotland Yard would need the co-operation of the Portuguese authorities.

Scotland Yard would not comment on the latest development but released a statement saying they are encouraged by the progress they are making.

It said: "We are reviewing a significant number of documents and continue to identify potential lines of inquiry.

"We are in regular contact with Kate and Gerry McCann and they are kept fully updated on the progress of our work.

"We also continue to work closely with the Portuguese police and are actively considering our next steps."

http://www.bbc.co.uk/news/uk-22918857

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by Miraflores on 15.06.13 12:17

Does 'solved' mean that some dead paedophile will be named officially? The case can be closed, Gerry and Kate can wind up the Fund, and get on with family life. Hmm, is that the right script?

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by sallypelt on 15.06.13 12:19

@Miraflores wrote:Does 'solved' mean that some dead paedophile will be named officially? The case can be closed, Gerry and Kate can wind up the Fund, and get on with family life. Hmm, is that the right script?

You can't interview "dead people" so SY must be talking about the living.



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Translation

Post by Tony Bennett on 15.06.13 12:28

Scotland Yard statement:

"We are reviewing a significant number of documents and continue to identify potential lines of inquiry. We are in regular contact with Kate and Gerry McCann and they are kept fully updated on the progress of our work. We also continue to work closely with the Portuguese police and are actively considering our next steps".

Translation:

"As required originally by Rebekah Brooks and the McCanns, we continue to carry out our review, making sure that those on whose behalf we are acting - namely, the McCanns - 'are kept fully updated on the progress of our work'.

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by stumo on 15.06.13 12:33

@Miraflores wrote:Does 'solved' mean that some dead paedophile will be named officially? The case can be closed, Gerry and Kate can wind up the Fund, and get on with family life. Hmm, is that the right script?




This is how i see it happening, i also think that funds have already been diverted to Rothley towers from the investigation.

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by ShuBob on 15.06.13 12:47

Like Loopzdaloop, I'm a bit disconcerted with the naysayers. We don't know for sure what's happening but I think it's better all round to be positive rather than negative.

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by sallypelt on 15.06.13 12:48

Maybe it's worth recapping on what was making the news regarding Madeleine, back in February 2012:

SCOTLAND YARD detectives are poised to interview the so-called Tapas Seven as their inquiry into the disappearance of Madeleine McCann steps up a gear. 
 
 
 
The friends of Kate and Gerry McCann, who accompanied them on their holiday to Portugal almost five years ago, are expecting interview requests as soon as officers feel they could assist the investigation.
 
So far, the Yard’s Maddie Squad has been concentrating on analysing every scrap of evidence in the case from files supplied by Leicestershire police, ­Portuguese detectives and Metodo 3, the Barcelona-based private investig­ators hired by the McCanns.
 
Officers have flown to Portugal three times and visited Spain twice.
 
 
With much of the analysis over, Detective Chief Inspector Andy Redwood wants to put his team of three detective chief inspectors, five detective sergeants and 19 detective constables to good use.
 
 
They are being supported by six civilian staff and three officers from the specialist murder review group, bringing the total number on the team to 37.
 
"We are not at the stage of speaking to individuals yet. We are laying the groundwork"
 

A Yard spokesman
By April the cost of the inquiry will be £1.9million but it is thought that figure could double with the “investigative review” going into next year.
 
After nine months of information gathering, officers are checking statements from key witnesses.
 
 
They include the Tapas Seven, so called because they were eating at a tapas bar with Kate and Gerry at the time Madeleine disappeared.
 
In some cases the Yard officers have asked for documents to be retranslated from ­Portuguese to English so that they are absolutely sure of what was said and meant.
 
One theory they are examining is that if someone abducted Madeleine they could have had a copy of the key for the holiday apartment at the Ocean Club in the Algarve resort of Praia da Luz.
 
 
The Sunday Express has learned that the Tapas Seven “fully expect” to be asked to go over the statements they made to Portuguese officers shortly after Madeleine vanished on May 3, 2007.
 
They were also interviewed by Leicestershire detectives, with Portuguese officers in attendance, when they arrived home.
 
The most significant witness is mother-of-two Jane Tanner, partner of doctor Russell O’Brien, who said she saw a man carrying a child resembling Madeleine some time after 9pm.
 
 
Another key witness is Matthew Oldfield, who went to the apartment to check on Madeleine and twins Sean and Amelie, who celebrated their seventh birthdays last week.
 
Mr Oldfield saw the twins in their cot but did not push the door open wide enough to see Madeleine, although he was happy all was well.
 
All the Tapas Seven fully support the Yard’s review of the case and hope it will provide a breakthrough.
 
 
Other members of the group include Mr Oldfield’s wife Rachael, David and Fiona Payne and her mother Dianne Webster.
 
A Yard spokesman declined to say who would be interviewed and when. “We are not going into that level of details,” he said. “We are not at the stage of speaking to individuals yet. We are laying the groundwork.”
 
The McCanns’ spokesman Clarence Mitchell said they and their friends would do everything to assist attempts to discover what happened to Madeleine.

"To assist ATTEMPTS". Something desperate about that statement IMO

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by PeterMac on 15.06.13 12:54

@sallypelt wrote:
The McCanns’ spokesman Clarence Mitchell said they and their friends would do everything to assist attempts to discover what happened to Madeleine.

"To assist ATTEMPTS". Something desperate about that statement IMO
It is obviously a mis-print,
They meant to say "Resist attempts"

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by sallypelt on 15.06.13 12:57

I am feeling positive about this SY investigation.

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by PeterMac on 15.06.13 13:03

British Police have no jurisdiction over an offence of abduction committed in Portugal. None. It is not within their powers to investigate it.
So what are they going to be investigating ?

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by sallypelt on 15.06.13 13:06

@PeterMac wrote:British Police have no jurisdiction over an offence of abduction committed in Portugal. None.  It is not within their powers to investigate it.
So what are they going to be investigating ?

So, why have millions of pounds of taxpayers' money gone into the investigation?
 
I'm sure if a British person or persons is/are responsible for a British child going missing, then the British police CAN do something about it.

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by ShuBob on 15.06.13 13:07

According to the BBC, they are still working with the Portuguese. Let's wait and see what the Portuguese say about this latest development before poo poo-ing on it.

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by sallypelt on 15.06.13 13:12

Attackers can no longer 'hide’ abroad, David Cameron and Nick Clegg to announce.

Currently, only murder and paedophile offences committed abroad can be prosecuted in British courts

In English law, where murder and manslaughter are concerned, the English court has jurisdiction over offences committed abroad, if it was committed by a British citizen (see s9 Offences Against The Person Act 1861 (OAP) and s3 British Nationality Act 1948). In R v Cheong (2006) AER (D) 385 the appellant was living in Guyana in 1983. He shot and killed a man who had just robbed his wife and sister-in-law. Under local law he was charged only with the unlicensed possession of a firearm; but as a British citizen, s9 OAP Act 1861 applied when he returned to England and he was charged with murder

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by Tony Bennett on 15.06.13 13:18

This guidance from the CPS should be considered when discussing whether or not any offences committed against Madeleine McCann could be prosecuted in the U.K.

It is quite clear from this that a whole variety of offences can by agreement between two E.U. countries [under the provisions of EUROJUST, or indeed otherwise] be prosecuted in a country other than where the offence was committed:

+++++++++++++++++++++++++++++++++++++

Jurisdiction



Principle


Code for Crown Prosecutors - Considerations

Prosecutors will have come across an increasing number of cases in recent years that are not solely confined to the jurisdiction of England and Wales.
In practice in cross-border cases, issues of forum will usually be decided between the police of the two (or more) jurisdictions, often before prosecutors become involved. In other cases, however, prosecutors of the relevant jurisdictions will have to make decisions as to where to prosecute, as the extent of the criminality and/or evidence in each of the countries may not be apparent until the conclusion of the investigation or even when the prosecution process is under way. There are a number of factors that can affect the final decision, and this will depend on the circumstances of each case. Prosecutors should balance all of these factors carefully and fairly, as this will weigh heavily on whether there is enough evidence to prosecute and whether it would be in the public interest to do so.


General principles

There are several ways by which a state can exercise jurisdiction:

  • Territory;




  • Active personality (i.e. the accused will be prosecuted in the country of the nationality of the offender);




  • Passive personality (i.e. the accused will be prosecuted in the country of the nationality of the victim);




  • Universal jurisdiction (i.e. the state will be able to prosecute regardless of the nationality of the offender, the victim, and where the offence was committed, e.g. torture).





Top of page


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 .

Cross-border cases

In cross-border cases involving England and Wales and other jurisdictions (including non-EU countries), an offence must have a "substantial connection with this jurisdiction" for courts in England and Wales to have jurisdiction. It follows that, where a substantial number of the activities constituting a crime takes place within England and Wales, the courts of England and Wales have jurisdiction unless it can be argued, on a reasonable view, that the conduct ought to be dealt with by the courts of another country. (R v Smith (Wallace Duncan) (No.4) [2004] 3 WLR 229, per Lord Chief Justice Woolf).

Conflict of jurisdiction - European Arrest Warrant (EAW)

See the Extradition legal guidance.
Top of page


Guidance


Generally

In cross-border cases involving England and Wales and other jurisdictions, the best practice is for prosecutors and investigators of the relevant jurisdictions to meet face to face to consider and balance the different factors that should be considered when reaching a decision where to prosecute. Prosecutors should consider the following factors:

  • Whether the prosecution can be divided into separate cases in two or more jurisdiction;




  • The location and interests of the victim or victims;




  • The location and interests of witnesses;




  • The location and interests of the accused;




  • Delays.






The Eurojust Annual Report 2003 has produced some guidelines that prosecutors can refer to when considering such issues. Prosecutors can also use them as guidance when dealing with non-EU Member States. A copy of these guidelines can be found at Annex A. For the full report, see

http://www.eurojust.europa.eu/press_annual.htm


Cross-border cases between Scotland and Northern Ireland
The criminal legal system that operates in England and Wales has remained entirely separate from that of Scotland and Northern Ireland and they are considered as separate jurisdictions. Prosecutors should therefore refer to the principles above apply to cross-border cases between England and Wales and Scotland or Northern Ireland.


Concurrent UK-US jurisdiction

Prosecutors should note that some offences may come within US extra-territorial jurisdiction even though none of the criminality occurred within US territory.

Prosecutors dealing with cases which have a factual nexus with the United States of America should refer to the "Agreement for Handling Criminal Cases with Concurrent Jurisdiction between the United Kingdom and the United States of America".


Particular offences

Money Laundering

For the purpose of Part 7 the Proceeds of Crime Act 2002, offences which were committed abroad are relevant predicate crimes if laundering acts are committed within our jurisdiction where the predicate offence committed abroad (from which proceeds were generated) would also constitute an offence in any part of the United Kingdom if it occurred here (section 340 (2)(b)) (see Archbold ). See the Proceeds of Crime and Money Laundering legal guidance.

Ships at sea

The state whose flag is flown by a ship can claim jurisdiction. See the International Enquiries legal guidance.

Visiting forces

The Visiting Forces Act 1952 together with the Visiting Forces and International Headquarters (Application of Law) Order 1999 make provision for dealing with offences committed by members of visiting naval, military and air forces from certain listed countries by their own service authorities and service courts rather than by United Kingdom authorities and courts. See the Visiting Forces legal guidance.
Top of page


Procedure


Eurojust

Eurojusts role is to stimulate and facilitate co-operation in the investigation of serious cross-border crime, particularly organised crime. As such it deals with large and complex cross-border cases, usually involving more than two EU Member States. In such cases, where prosecutors cannot reach an agreement, they may refer the case to Eurojust, which can be used as a final arbiter.

In such cases, prosecutors should consult with the Eurojust National Member for the UK. If prosecutors consider there is anything of significance the International Division should be informed.

For further details on Eurojust, see the International Enquiries legal guidance.
Top of page


Annex A - Eurojust Guidelines, Annual Report 2003, Making the Decision - "Which Jurisdiction Should Prosecute?"

A Presumption

There should be a preliminary presumption that, if possible, a prosecution should take place in the jurisdiction where the majority of the criminality occurred or where the majority of the loss was sustained. When reaching a decision, prosecutors should balance carefully and fairly all the factors both for and against commencing a prosecution in each jurisdiction where it is possible to do so.

There are a number of factors that should be considered and can affect the final decision. All these factors should be considered at the meeting of prosecutors from the relevant states affected by the criminality concerned. Making a decision will depend on the circumstances of each case and this guidance is intended to bring consistency to every decision-making process.

Some of the factors which should be considered are:

The Location of the Accused

The possibility of a prosecution in that jurisdiction and whether extradition proceedings or transfer of proceedings are possible will all be factors that should be taken into consideration.

Extradition and Surrender of Persons

The capacity of the competent authorities in one jurisdiction to extradite or surrender a defendant from another jurisdiction to face prosecution in their jurisdiction will be a factor in deciding where that defendant may be prosecuted.

Dividing the Prosecution into Cases in Two or More Jurisdictions

The investigation and prosecution of complex cases of cross border crime will often lead to the possibility of a number of prosecutions in different jurisdictions.

In cases where the criminality occurred in several jurisdictions, provided it is practicable to do so, prosecutors should consider dealing with all the prosecutions in one jurisdiction. In such cases prosecutors should take into account the effect that prosecuting some defendants in one jurisdiction will have on any prosecution in a second or third jurisdiction. Every effort should be made to guard against one prosecution undermining another. When several criminals are alleged to be involved in linked criminal conduct, whilst often it may not be practicable, if it is possible and efficient to do so, prosecutors should consider prosecuting all those involved together in one jurisdiction.

The Attendance of Witnesses

Securing a just and fair conviction is a priority for every prosecutor. Prosecutors will have to consider the willingness of witnesses both to give evidence and, if necessary, to travel to another jurisdiction to give that evidence. In the absence of an international witness warrant, the possibility of the court receiving evidence in written form or by other means, such as remotely (by telephone or video-link), will have to be considered. The willingness of a witness to travel and give evidence in another jurisdiction should be considered carefully as this is a factor likely to influence the decision as to where a prosecution is issued.

The Protection of Witnesses

Prosecutors should always seek to ensure that witnesses or those who are assisting the prosecution process are not endangered. When making a decision on the jurisdiction for prosecution, factors for consideration may include, for example, the possibility of one jurisdiction being able to offer a witness protection programme when another has no such possibility.

Delay

A maxim recognised in all jurisdictions is that: "Justice delayed is justice denied". Whilst time should not be the leading factor in deciding which jurisdiction should prosecute, where other factors are balanced then prosecutors should consider the length of time which proceedings will take to be concluded in a jurisdiction. If several states have jurisdiction to prosecute, one consideration should always be how long it will take for the proceedings to be concluded.

Interests of Victims

Prosecutors must take into account the interests of victims and whether they would be prejudiced if any prosecution were to take place in one jurisdiction rather than another. Such consideration would include the possibility of victims claiming compensation.

Evidential Problems

Prosecutors can only pursue cases using reliable, credible and admissible evidence. Evidence is collected in different ways and often in very different forms in different jurisdictions. Courts in different jurisdictions have different rules for the acceptance of evidence often gathered in very diverse formats.

The availability of evidence in the proper form and its admissibility and acceptance by the court must be considered as these factors will affect and influence the decision on where a prosecution might be brought. These are factors which prosecutors must consider when reaching any decision on where a prosecution should be instituted.

Legal Requirements

Prosecutors must not decide to prosecute in one jurisdiction rather than another simply to avoid complying with the legal obligations that apply in one jurisdiction but not in another.

All the possible effects of a decision to prosecute in one jurisdiction rather than another and the potential outcome of each case should be considered. These matters include the liability of potential defendants and the availability of appropriate offences and penalties.

Sentencing Powers

The relative sentencing powers of courts in the different potential prosecution jurisdictions must not be a primary factor in deciding in which jurisdiction a case should be prosecuted. Prosecutors should not seek to prosecute cases in a jurisdiction where the penalties are highest. Prosecutors should however ensure that the potential penalties available reflect the seriousness of the criminal conduct which is subject to the prosecution.

Proceeds of Crime

Prosecutors should not decide to prosecute in one jurisdiction rather than another only because it would result in the more effective recovery of the proceeds of crime. Prosecutors should always give consideration to the powers available to restrain, recover, seize and confiscate the proceeds of crime and make the most effective use of international co-operation agreements in such matters.

Resources and Costs of Prosecuting

The costs of prosecuting a case, or its impact on the resources of a prosecution office, should only be a factor in deciding whether a case should be prosecuted in one jurisdiction rather than in another when all other factors are equally balanced. Competent authorities should not refuse to accept a case for prosecution in their jurisdiction because the case does not interest them or is not a priority for the senior prosecutors or the Ministries of Justice.

Where a competent authority has expressed a reluctance to prosecute a case for these reasons, Eurojust will be prepared to consider exercising its powers to persuade the authority to act.

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                            "Maddie's Jammies. Where is Maddie?" - Amelie, May 2007 -  "Maddie's Jammies. Where is Maddie?"


Tony Bennett
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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by jd on 15.06.13 13:21

We have all read the official police statements & documents, proven all the many lies they have said etc....We know that there is not one single shred of evidence after 6 years and all the evidence clearly shows the mccanns & their friends guilt 

You do have to ask, why our current government continue with this fraud, and are now using our taxpayer money to employ valuable police resources to investigate this case when even a 5 years old who read the files would know exactly where to be looking

This current government were not involved when this story first happened, so why are continuing governments so protecting the mccanns? Has any government ever got themselves involved in a child missing case? And new governments continuing to be involved 6 years later? (even worse when there is no evidence of an abduction)

There just has to be something massive that is being covered up by the government, it must be so big that it could bring down not only government, but the establishment, to be going to these lengths still after 6 years where there is no evidence of what the parents have ever said & what has been said only shows their guilt

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Who pulled the strings?...THE SYMINGTONS..And the Scottish connections...Look no further if you dare

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by sallypelt on 15.06.13 13:25

Tony, this is a small extract, copied and pasted from your post:

 There are a number of factors that can affect the final decision, and this will depend on the circumstances of each case. Prosecutors should balance all of these factors carefully and fairly, as this will weigh heavily on whether there is enough evidence to prosecute and whether it would be in the public interest to do so.


I don't believe there's been a cover-up in regards to British police or British law. The Leicester police, for example, know far more than the public knows about.
I believe that the lack of concrete evidence to successfully bring a prosecution, has caused problems. This has allowed the McCann machine to steamroller over everything and everyone that won't fit into their agenda.

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by Guest on 15.06.13 13:31

I remain very positive about what seems to be happening.

It's not my place to remind you, but I still will: 5 million of tax-payers money is approx. 10 cents per head ... I am convinced that nobody in the UK would be against spending that money on solving this "celebrity" case ...

Note to self: I shouldn't tell old Maman the news before lunch. She's now dancing through the kitchen and food is getting cold big grin

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by ShuBob on 15.06.13 14:05

I hope this news will bring Joana Morais out of hibernation. I'd like to hear the view from Portugal. A comment from Amaral will be very welcome too smilie

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by aiyoyo on 15.06.13 14:06

Can anyone tell me how to reply outside the quote box perimeter?


This new format is not user friendly.

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Re: Scotland Yard takes over the inquiry into Maddie's disappearance from Portuguese plus *UPDATE* CPS lawyers fly to Portugal

Post by aquila on 15.06.13 14:07

I feel very positive about this news and I believe it will lead to arrests and prosecution(s) and finally justice for Madeleine.

It seems to me that it's not so much about Portugal refusing to re-open the case but more about SY being better placed to investigate.

Now it has become a SY official investigation there ought to be no need for any form of partnership with the McCanns. There ought (we hope) to be no more media machine manipulation and no leaks. SY are investigating the disappearance of Madeleine McCann. The McCanns must be pleased that SY are looking for their daughter. I am and the cost is irrelevant.

The McCanns will no longer need the fund or the extradition lawyers or any of the other lawyers imo. They will no longer need a PR spokesperson. Their campaign will only need to be based on posters and awareness which are simple and inexpensive things to achieve via the internet.

The McCanns will have no longer have cause for further criticism of the Portuguese police/language difficulties.

Scotland Yard have already reviewed every shred of evidence and are moving to a formal investigation.

I may sound too positive but I do have a spring in my step and I think in the not too distant future (meaning not years) there will be arrests made.

Something is happening for Madeleine McCann.

All in my opinion.

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