Select Page

The position of members of ad hoc or “special” diplomatic missions has been clarified in the case of R (Freedom and Justice Party) against Secretary of State for Foreign and Commonwealth Affairs [2016] EWHC 2010 (administrator). The High Court has ruled that common immunity is created if the diplomatic status of that mission (and the person concerned) is recognized by the Foreign and Commonwealth Office on behalf of the HM government. The Court of Appeal found that the Divisional Court had properly established that a rule of international customary law had been established, which required a state to grant members of a special mission (which the State recognized and recognized as such) immunity from criminal procedure during the duration of the visit of the special mission: [2018] EWCA Civ 1719 , [2018] All members of a special mission (D) 127 (Jul). Criminal immunity and inviolability in the United Kingdom are granted to all diplomatic and administrative and technical staff of foreign diplomatic missions, as well as to all consular and consular officials in London. In order to be eligible for this immunity and immunity, staff: (1) must be accepted by Her Majesty`s Government (HMG) as a host state; and (2) the Foreign and Commonwealth Office (FCO). If a person with diplomatic immunity sacrifices or witnesses a crime, the official should ask for the waiver of immunity in this case. If a diplomat or legitimate family member is suspected of having committed a crime, a waiver must be requested in the same form before the investigation begins. The police are responsible for determining whether a person or premises has diplomatic immunity. The FCO may request the lifting of a person`s diplomatic immunity to arrest him, hear him or her with caution and, if necessary, lay charges. A diplomat can`t lift his immunity. Waiver declarations can only be granted by the sending state. The FCO calls for the lifting of immunity by the diplomatic representation concerned. In the absence of the lifting of the immunity of the sending state, employees residing in London and dependants who are untouchable can only be incarcerated as a last resort (for example.

B may harm others or themselves). Staff at consular posts outside London, which is untouchable, can only be detained in the event of a serious crime (as described above) or as a last resort. Although the consular offices of the United Kingdom are part of british territory, they are untouchable and cannot be penetrated without the consent of the consular post or the head of the diplomatic mission (see VCCR 1963, Chapter 2, Section 31). Although diplomatic premises in the United Kingdom are part of British territory, they are untouchable and cannot be penetrated without the consent of the ambassador or head of mission. (see DPA 1964, section 2, paragraph 1, and calendar 3). All offences committed in diplomatic premises in the United Kingdom are based on the ordinary principles of English law, subject to the principles of diplomatic immunity for those who have it. Those who do not have this status (regardless of nationality) can be prosecuted as usual, as was the case, for example, in the case of terrorists who occupied the Iranian Embassy in London in 1980. The VCDR and VCCR require members of a diplomatic mission and their families to comply with the laws and regulations of the host country (Article 41 of the VCDR); Article 55 VCCR). Immunity depends on rank and ranges from immunity from criminal, civil and administrative jurisdiction to immunity only for official acts. In more serious cases, and if the police believe that the case of lifting immunity is the case, the PaDP will present the full facts to the FCO and the Chief of The Crown Prosecutor (CCP) of the corresponding CPS area.