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IANAL, but I'm curious - Can Parliament issue a Crown Court Bench Warrant compelling a non-UK subject to appear? And if that gets ignored, presumably the perso
by chiph 9y ago
IANAL, but I'm curious - Can Parliament issue a Crown Court Bench Warrant compelling a non-UK subject to appear? And if that gets ignored, presumably the person can't ever enter the country unless it's to respond to the warrant. But what about a Commonwealth Nation - would that person have to avoid entering Canada?
- gsnedders 9y agoIt's incredibly rare that warrants are issued at all; since the late 18th century, it's a Speaker's Warrant that's used (and enforced by the Serjeant-at-Arms of the House; prior to that no warrant was needed at all). They are formally issued by the House, and not Parliament as a whole. Non-subjects can be compelled, most recently Rupert Murdoch in 2011 (wrt the News International wiretapping scandal), which along with his son James was AFAIK the last time a Speaker's Warrant to summon witnesses was issued.
- MistahKoala 9y agoThere's nothing to stop a person who has been summoned from entering the country. Unlike an arrest warrant, the Speaker's warrant is more 'bark' without 'bite'. Because the coercive powers of Parliament are seldom used, it's unclear just where those powers derive from or how they can be practicably exercised and enforced. As for Commonwealth countries... they have judiciaries independent* of the UK. If the subject was to visit an EU member state, the execution of a European Arrest Warrant would be a more feasible possibility, although I would think it's fairly remote (I mention it to put the Commonwealth point into perspective). *Some Commonwealth realms (two or three, off the top of my head?) retain the Privy Council as part of their constitutional and judicial arrangements.