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CONSULAR
VOLUME 5 PART 2
3.5.4
3.5.5
3.5.6
3.6
3.7
3.7.1
3.6
3.7
When sending out lists of lawyers, attention should be drawn to this disclaimer in any letter which accompanies the list.
The list of lawyers should be revised on 1 July each year and six copies sent to Nationality and Treaty Department. Changes should be reported as they occur. If there has been no change, a nil report should be sent annually. Other lists should be maintained locally and reviewed regularly.
Consular officers should tell enquirers who have claims against the local authorities to seek legal advice. If the claim remains unsatisfied after all possible steps have been taken locally (such as action in the courts or through administrative or other procedures), or if no processes for obtaining a remedy are available, or if available processes are ineffective, the case should be referred to the Superintending Mission for advice and, if necessary, referred by the Superintending Mission to the appropriate FCO geographical department (see also Consular DSP Volume 3, Part 1).
Consular officers should know if there is any local provision for free legal aid (see para 3.8). The honorary legal adviser may be willing to give some free legal advice.
Consular officers are sometimes asked by one of the parties to a private dispute for information or documents which may be of assistance in the case. Since HMG must remain impartial towards the parties, such requests may only be met on condition that the information or document is also supplied to the other party to the dispute. Refer such requests to Consular Department who will consult the Legal Advisers.
OFFICIAL INTERVENTION IN JUDICIAL PROCEEDINGS
It is contrary to international practice for official interventions to be made in cases which are still sub judice and until all local legal procedures have been completed. Even then, consideration will only be given to such intervention with the local control authorities if there is prima facie grounds for believing that there has been a miscarriage or denial of justice. Such cases should be referred in detail to Consular Department.
DETENTION OF BRITISH NATIONALS
General:
(a)
(b)
One of the most important duties of a consular officer is to advise and assist British nationals whose liberty has been circumscribed either by arrest or by detention without arrest or without specific charges being brought. While charges are still pending it is often best for these matters to be handled quietly at consular level first, where the consul's local influence and contacts with the authorities may secure an early release, before central bureaucracy or politics have time to intervene. It is essential that intervention at any level be prompt. HMG must be seen to be caring about, and protecting, British nationals.
Save in the most exceptional circumstances, the consular officer should not institute legal proceedings, eg by way of habeas corpus. No such proceedings should be commenced without first obtaining the advice of the local legal adviser about the possible consequences. Secondly, consult Consular Department who will consult Protocol Department if there is any possibility that the action may result in a loss of diplomatic immunity (see General DSP Volume 6, Part 1).
JANUARY 1990
3.3
&
Information
Dornments
Page 15Page 16
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