In the news today is the defense by American lawyers that a wife of a US diplomat need not come to England to face our courts on allegedly having committed a serious road traffic offense causing death.
Their defence is
1. That as a wife of a diplomat she has the benefit of diplomatic immunity. This is disputed.
2. That she can face criminal charges in the US and in the US this is not an offense as there is no evidence of driving without due care and attention, recklessness, or negligence. In any case, this sort of offense in the US a guilty person would face community service. And that she is prepared to serve that in her home country.
In my view neither of the stands is correct. Even if there was diplomatic immunity given the nature of the outcome and the so-called special relationship she should come back to England. Secondly, it cannot be right that an offender can face her home country having committed an offense in another jurisdiction. It is a well-known practice in common law jurisdiction for the offender to face the courts of the area where the offense was committed. one can not put forward defense on the grounds that the offender can and should face a local court.