Diplomatic Immunity and Diplomatic Premises
Principle
Diplomatic Immunity (Archbold 1-83)
Diplomatic Premises (Archbold 2-35)
Guidance
Diplomatic Immunity
The guidance has been agreed between Home Office, Foreign Office and CPS and must be followed in all cases where:
(a) a person has diplomatic immunity
(b) claims to have diplomatic immunity
(c) is believed to have diplomatic immunity
In (a), (b) or (c) above the police will submit a report to the Home Office.
In minor offences, e.g. motoring offences, it will not be normal to refer these to The CPS. It is normally sufficient for copy of the police report to be sent to the Foreign Office by the Home Office.
In other more serious cases, and if the Home Office feel that the case should be pursued, the Home Office will submit the full facts to the Foreign Office and the CCP of the appropriate Area.
The Foreign Office will advise if the offender posses diplomatic immunity.
The CCP will review the case in accordance with the Code for Crown Prosecutors. He will advise both the Home Office and Foreign Office if the criteria for prosecution is satisfied.
If the criteria is satisfied, the Foreign Office, Home Office and CCP will decide which of the following courses of action will be pursued:
- warn the Head of Mission the offender must mend his ways;
- request the withdrawal of the offender from the country;
- ask that the Head of Mission waive immunity so that a prosecution can proceed.
If the case does not satisfy criteria for prosecution the Foreign Office and Home Office may still decide that it is undesirable for the offender to continue his duties in the UK.
Diplomatic Premises
On receipt of a file, contact should be made with the appropriate Head of Division, Casework Directorate giving a summary of the available facts. This should be followed by a written summary as soon as reasonably practicable thereafter.
Procedure
All cases involving the prosecution of a person with diplomatic immunity should be dealt with under the direction of the CCP.
Unless cases are referred to Headquarters because of the sensitive/special nature of the matter they will be dealt with locally.
The dual purpose of referral is:
- that the appropriate persons at the Home Office and the Foreign Office are informed; and
- that CPS HQ are aware of the matter in view of the possible sensitivity of the offences.
Useful Links
Archbold 1-83
Archbold 2-85