I am assisting pro bono the mother of a child who was abducted earlier this year. I have some queries re the European Investigation Order if anyone
has information that can help it would be very much appreciated.
My client’s current stumbling block is that the CPS has refused to obtain an EIO – the replacement to the Letter of Request. Without that order
our police cannot obtain vital evidence from abroad that may help locate the child.
According to the police the CPS explains it cannot obtain an EIO because the purpose of an EIO is to obtain evidence of an offence, and in this case
the police already have evidence of the offence and have obtained a charging decision. As such, although the EIO is needed to try and locate Angelo, the CPS view is that it is not needed to prove the offence and an EIO is not appropriate in this case.
I believe this is simply wrong in law and am drafting submissions.
If anyone has any particular input on EIO’s (or as the relevant international child abduction issues) all would be appreciated.
Many thanks
Raymond
Raymond Shaw
Shaw Graham Kersh Solicitors
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