Diplomatic Immunity & The Law
Whilst researching some Legal issues to do with question of diplomatic immunity I remembered being briefed to represent Asian diplomat who refused to undertake random breath test claiming diplomatic immunity.
The brief that was forwarded to me by my instructing solicitor contained copious Evidence of the diplomat in question, driving erratically for a distance of some two kilometers before being stopped. The evidence also alleged that the diplomat was abusive, and derided the two police officers in question as being ignorant. The matter was listed in the Downing Centre Courts Complex. There was considerable media interest in the case.
I recall in my preparation to argue the case I did some research about the very origin of how the concept of diplomatic immunity, for foreign diplomats, as we know it today became entrenched in the Common Law, Roman Law, and other legal systems.
In brief, before 1964, the immunity from suit was somewhat secured by the Diplomatic Privileges Act 1708 that has always been argued as being declaratory of the Common Law. The interesting aspect that I thought appealed to the Magistrate when I argued the case was my narration of the circumstance in which this Act, that am relying on defending the diplomat came into existence:
‘The Russian ambassador to the Court of St James was arrested and removed from his coach in London for non-payment of a debt of fifty pounds sterling. The Czar Peter the Great resented this affront so highly that he demanded the Sheriff of Middlesex and all others concerned in the arrest should be punished with instant death. But to the amazement of the Czar’s despotic court, Queen Anne informed him:
“I will not inflict such a punishment upon the meanest of my subject, unless it was warranted by the law of the land; and therefore she was persuaded that he (the Czar), would not insist upon impossibilities.”
To appease the wrath of Czar Peter, a Bill was brought into Parliament and duly passed. A copy of the Act, elegantly engrossed and illuminated, accompanied by letter by the Queen was sent to Moscow by ambassador extraordinary.
Queen Anne’ 1708 Diplomatic Privileges Act remained operative for 256 years before it was repealed and replaced in 1964 by the Diplomatic Privileges Act which gave effect to the 1961 Vienna Convention on Diplomatic Relations.
To add to this narration of history I cited the case of Taylor v. Best (1864) that upheld the Act. This I thought sealed the case for the defense. I was right. The Magistrate agreed.
To the best of my recollection the diplomat in question was recalled.
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