Reply to post: Re: Jurisdiction

Should Computer Misuse Act offences committed in UK be prosecuted in UK?

Dr. Mouse

Re: Jurisdiction

Thought experiment: a sniper in Canada fires across the border, killing someone in the US.

It is an interesting one, and one I have considered.

Where it is a crime in both places, I would argue that it should be prosecuted where the crime is instigated (i.e. in Canada). I would expect international relations to be involved, and a great deal of cooperation between the two countries to bring the perpetrator to justice, but the shooter was on Canadian soil, and should be able to expect to be under their jurisdiction.

If we continue the thought experiment and consider a situation whereby the murder was not illegal in Canada for some reason (e.g. a quirk in the law which meant they couldn't prosecute because noone died in Canada), I would expect the US to initiate extradition proceedings.

This applies well to this case: As the crime was committed on UK soil, and is a crime here, the UK authorities should be prosecuting. The US should accept our jurisdiction and cooperate in the investigation. I believe these cases are a failure of our own police and CPS.

I accept that others may have different interpretations, but that is mine. I also accept that extradition treaties are whatever they are written as, but that's a whole other kettle of fish which I won't delve into at this time.

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