Blog
From Certificates to Belief Statements: The CPS and the Limits of Forum Bar Intervention
Rebecca Niblock
From Friday 26 July until Sunday 11 August, athletes and their millions of supporters from all around the world will be in Paris to experience the Olympic Games. Broadly, French and English criminal laws cover similar behaviours, although as with most countries, there are differences in legislation which may cause British tourists legal difficulties, not only during their trip but also when they return home.
Every year, British tourists get caught out by local laws and customs whilst travelling abroad. Some are relatively inconsequential, but others can lead to fines, arrest or even imprisonment.
In France, there are number of singular laws which do not have equivalents in the UK. This includes the law which requires at least 40% of the music played by private French radios to be in French, or the local decree which prohibits UFOs from landing in the town of Chateauneuf-du-Pape.
Although these laws are unlikely to have an effect on British tourists, there are others which could: One example is drivers and cyclists are prohibited from wearing in their ears any device susceptible of making a sound (e.g. headphones). Another example, with potentially serious consequences, is the offence of failing to render assistance to a person in danger, whereby in certain circumstances, it is a criminal offence to refrain from intervening in the prevention of a crime, in the assistance of a victim in distress, or in alerting the emergency services.
Hopefully, none of these laws will affect those travelling to Paris from the UK for the Olympics, but it is still important to consider what you should do if you are arrested whilst in France.
Arrest in France
If you or someone you know is arrested, you need to get in contact with a French criminal lawyer. It may feel unnecessary, particularly if you feel that you have done nothing wrong. However, especially given the language barrier, it is important to call upon a professional to protect your interests. A lawyer can represent your interests, and avoid any misunderstandings, misconceptions or mistakes that can arise during an arrest or interrogation.
The Foreign, Commonwealth and Development Office have a directory to enable you to find a French criminal lawyer, although you should do your own research before deciding which provider to use.
It is also important to ask the local police to tell the local British embassy or consulate that you’ve been arrested or put in prison, and that you want consular assistance.
If you are released following your arrest and return to the United Kingdom, this may not necessarily be the end of your troubles, especially if you are charged with an offence.
Extradition post-Brexit
If you return to the UK, but matters are still progressed by the French Police to the point where you now face the prospect of French criminal proceedings, burying your head in the sand is unlikely to be your best option.
Even if you have no plans to return to France, you could find yourself facing extradition proceedings if an investigation progresses to the point of charge. Although the UK left the European Arrest Warrant framework following Brexit, an agreement has been made between the UK and the EU, which allows for very similar streamlined extradition warrant-based arrangements. The likelihood of success in defending extradition proceedings turns on the facts of each case, however it is important to note that the streamlined extradition arrangements are designed to facilitate rather than frustrate surrender.
It remains a requirement for the offence to be recognised in both countries, so this may not necessarily be an issue for the examples mentioned above, however in most cases the substantive law remains broadly the same, so extradition is something that would need to be contended with.
If you find yourself in this difficult position, your first step should be to seek legal advice, both in France and in the UK as soon as possible, so you can be best prepared for as many eventualities as possible.
Further information
If you have any questions or concerns about the topics raised in this blog, please contact Alice Trotter.
About the author
Alice is an Associate in the Criminal Litigation team. She recently completed her training contract at Kingsley Napley.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
You may also be interested in:
Blog
Focusing on Prosecuting Corporates: joint SFO – CPS Guidance released
Alun Milford
Blog
Why the Leveson Review Is Significant For UK Court System
Louise Hodges
Share insightLinkedIn X Facebook Email to a friend Print