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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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can you advise please? My son has been arrested on his return

Customer Question

can you advise please?
My son has been arrested on his return to the UK re an allegation of rape (victim his girlfriend aged 18yrs) which allegedly occurred whilst they were on holiday in Lanzarote. Can he be prosecuted in the UK for rape?
Thank you,
Mr Peter Glover
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

How did you find out about this? Did she return with him?
Customer: replied 4 years ago.


she then reported him to Police in UK and he was subsequently arrested. I simply need to know whether he can be dealt with in UK for it.

Expert:  Jo C. replied 4 years ago.
Thank you.

Obviously you have to take into account that I haven't had full vision of this case. However, on the face of it, you are describing a circumstance where the British Courts don't have jurisdiction.

There are offences that can be committed outside of the jurisdiction but those are currently confined to offences against children and murder.

There was talk that this would be extended out to other offences but it hasn't happened yet. When the Directive comes into force or there is domestic legislation on the point that will change but there's nothing I can find that is currently on the statute books.

I don't know whether she is making allegations that anything took place in the UK though? Also, ships at sea are governed by the jurisdiction of the flag that is flown.

Can I clarify anything for you?

Expert:  Nicola-mod replied 4 years ago.

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Thank you,