Ashya King

[J4MES OX4D 10,039]

Anyone following this tragic story?

 

Basically the parents of a boy with a brain tumor discharged him against medical advice from an NHS hospital and traveled abroad to seek alternative and potentially better treatment for him. They took the necessities to help him for the coming days but the police and Europol issued international arrest warrants for them. They were captured yesterday after being arrested in Spain and are now involved in a extradition process for their return to the UK.

 

I am absolutely mortified at the reaction by the police who have been far too heavy-handed in this situation. It's a complex and sad situation for the boy and his parents but treating them as criminals who are on the run on the backdrop of a massive manhunt is just disgraceful. They haven't really done anything wrong. They felt the NHS wasn't offering the best available treatment and decided to discharge him on this basis which I believe they have the right to do. They also took steps to ensure his welfare for the trip into Europe and were selling their home in Spain to fund special cancer treatment in the Czech Rep whilst maintaining his health to the standard of the NHS. It is a risky move and perhaps they weren't thinking straight but they obviously felt it was the best option and it's a much higher level of care that the UK hospital could offer. The reaction by the police and authorities and the way the family have been treated is fucking shameful. As if it wasn't already a very traumatic and delicate situation; I am staggered at the way the family have been perceived and now dragging them through a legal system and not allowing contact with their dying son is just sickening. If the parents get charged with any offences after this; the public all over Europe will be unified in pure disgust. 

 

I think what the parents did was in the best interests of their son and they took the adequate care in maintaining his health whilst willing to do anything to secure the best possible treatment that cannot be delivered to this standard in the UK. Some may say they were stupid in their actions but the bottom line regarding the reaction of the international police is beyond belief. 

 

http://www.bbc.co.uk/news/uk-england-29009883

[Docwagon 856]

Things must be quite different there.  In order to get a warrant here there have to be charges.  You can't take out a "lock this guy up while we consider the evidence and think about charges" warrant.  The closest thing would be a limited arrest warrant, which is used to obtain evidence such as fingerprints, current photograph, or DNA samples.  The person may be held only long enough to collect the evidence, and must then be released.

 

Extradition is also up to the originating agency, but is at their cost.  Because of this, many warrants have limited extradition.  Low level felonies and misdemeanors may be a 250 mile radius or "surrounding states only", for example, while a major felony will typically be nationwide.  I have no idea how international extradition works, I've never dealt with it.

[J4MES OX4D 10,039]

Good news today; the police have dropped the criminal case and extradition proceedings and will be reunited with their son. Terrible situation but the public outrage and common sense and given a very happy conclusion!

[Docwagon 856]

I heard this on BBC news (which we get via NPR stateside) and that the UK Gov't was sending some top shelf cancer doc to Spain to consult as well.  Glad things are panning out for some sanity.

 

**Edit**

 

Oh, and that's another difference.  The police here cannot drop charges or press charges.  The prosecutor's office does that.  The police can, of course, arrest you for a crime but the charges you are locked up on are preliminary.  The prosecutor's office has final say if the charges stay as listed, upgraded, downgraded, or changed.  When I present a warrant request, I will recommend charges, but the prosecutor actually fills out the charging affidavits with the specific charges and then the judge says yes or no before the warrant can be active.