While diplomatic premises in the UK are part of UK territory, they are inviolable and may not be entered without the consent of the Ambassador or Head of Mission.
See DPA section 2 1 and Schedule 3. Any offences committed in diplomatic premises in the UK are triable under 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 whatever their nationality can be prosecuted as normal, as for example happened in the case of the terrorists who seized the Iranian embassy in London in The definition of diplomatic premises is buildings or part of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of mission VCDR , Article 1 i.
Similarly, while consular premises in the UK are part of UK territory, they are inviolable and may not be entered without the consent of the heard of the consular post or of the head of the diplomatic mission see VCCR , Chapter 2, Article The definition of consular premises is buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post see VCCR , Article 1 j.
The guidance must be followed in all cases where a person has diplomatic immunity, claims to have diplomatic immunity or is believed to have diplomatic immunity. If a person with diplomatic immunity is the victim or witness to a crime, the officer in the case should request a waiver of immunity. Similarly, if a diplomat or an entitled family member is suspected of a crime, a waiver using the same form must be applied for before any investigation commences. Prosecutors are reminded that any investigative material gained prior to the waiver will have no evidential value and that a person with diplomatic immunity cannot waive their own immunity.
Failure to adhere to agreed protocols can have ramifications around the International Diplomatic Community. Minor offences, such as motoring offences, will not usually be referred to the CPS. It is usually sufficient for a copy of the police report to be sent to the FCO. A serious case is defined under the FCO guidance as "an offence that might carry a custodial sentence of over 12 months".
If the criteria are satisfied, the FCO, after consultation with the PaDP will decide which of the following courses of action will be pursued:. If the case does not satisfy criteria for prosecution the FCO may still decide that it is undesirable for the alleged offender to continue his or her duties in the UK. It is important that if any of these cases satisfy the normal referral criteria to the Special Crime and Counter-Terrorism Division, then that procedure should be followed.
Prosecutors are reminded that all cases involving the prosecution of a person with diplomatic immunity should be dealt with under the direction of the CCP, unless the case meets the criteria for referral to one of the Central Casework Divisions.
Unless cases are referred to a Central Casework Division to be dealt with under the relevant referral criteria, they will be dealt with locally.
The police are responsible for establishing whether an individual or premises has diplomatic immunity. How does diplomatic immunity work? The US embassy in London. The wife of a US diplomat has brought immunity into focus. What is diplomatic immunity? How far does it extend? Can it be cancelled?
Boris Johnson, when he was foreign secretary, admitted to parliament in that diplomats had used their immunity to avoid prosecution for offences such as child pornography and human trafficking.
Mr Emmerson says when crimes are serious, much depends on the attitude of the country which has the option of claiming or waiving the diplomat's immunity, but also on how a country's courts interpret the treaties governing it.
But, he added: "One can imagine the situation where a British diplomat is arrested for a charge of murder or rape. It's unlikely that the British government would assume that the diplomatic immunity was not to be waived. It would be very much an open question. If diplomatic immunity has been claimed, is there anything that can be done to overturn it? Mr Emmerson says: "The question of when diplomatic immunity arises, is a question of degree and there are some borderline cases where it can be controversial.
The whole inquiry is prohibited from the outset. Watch Live. What is diplomatic immunity and how does it work? When it does apply, it applies differently to different categories and subcategories of such persons and their families, dependent on circumstances.
Note: Diplomatic immunity is also to be distinguished from "sovereign immunity," which applies to the person and property of foreign governments themselves and is not discussed in the present article. Diplomatic agents—that is, high ranking embassy officials ambassadors, for example who serve the function of dealing directly with their host country's officials on behalf of their home country—enjoy the highest degree of immunity.
The same applies to their family members. The police cannot detain them, arrest them, or search or seize their houses and other property. Diplomats cannot be prosecuted or otherwise forced to appear in criminal court. Nor can they be sued in civil courts, except for their personal non-official involvement in certain commercial, real-estate, or inheritance-related matters, or for their separate professional activities. So, for example: An ambassador who is sued for failing to pay her personal home mortgage premium might lose title to her house but cannot be forced to pay damages and may not be evicted.
A second category of embassy personnel, the administrative and technical staff secretaries, for example who directly support diplomatic activities, enjoy the same immunity from police actions and criminal courts, but a lesser degree of immunity from civil courts. They can be sued like anyone else, except for acts performed in connection with their official function. No such exception applies to their family members.
Accordingly, an embassy secretary who fails to pay his personal home mortgage premium could not only lose his title but also be sued for damages; though he may not be evicted. Yet other embassy employees chauffeurs, for example , who only indirectly support diplomatic activities, enjoy the lowest degree of immunity. They have either criminal or civil immunity only for acts performed in connection with their embassy role. Their family members enjoy no immunity at all.
There are exceptions. In rare cases, both the second and third categories of embassy personnel above may enjoy as much immunity as diplomatic agents. But this happens only when the home country and the host country enter a special agreement or treaty for that purpose. Moreover, home country governments can waive diplomatic immunity.
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