If the McCanns are convicted of child neglect in Portugal...?

Question

...Could the fund be closed and the money confiscated under the Proceeds of Crime Act 2002?

Rufus... do what you got to do.

Answer 1

I have now familiarised myself with the law as it stands in Portugal.

In the case of a person whose "regular residence" is outside of Portugal, then the law in the country in which the person is normally resident applies. So in the McCanns' case, UK law would apply.

There are no clearly defined laws in the UK to deal with the circumstances in the McCanns' case. There are GUIDELINES. Many people on these boards say that because the law states you should not leave children under 12 on their own, it is a slam-dunk. But it's not that simple. UK law puts an emphasis on children having adequate food, clothing, heat and shelter. It assumes that there are no inherent dangers in the British home, so long as the home is not infested with mould, rats, cockroaches and babyface-eating pitbulls are on the leash. The British definition of "abandonment" is when the child is not just left, but put in a dangerous situation.

But, for example, if you leave a small child in a place where there is a gas appliance, or where the child could turn on a hot water tap, or where there are other "dangers" then the parents can be charged with child neglect. Bearing in mind that the McCanns were staying in an apartment with a gas cooker, hot water taps, electrical sockets and I imagine being doctors had left a variety of prescription medicines in the apartment, combined with the amount of time they were away and the fact that they were not within earshot of the apartment, I believe there is a real potential that the McCanns could be charged if they return to the UK.

I do not believe that the Portuguese prosecutors will charge them for purely political reasons. I recall all too vividly the case of Jill and Philip Adam, who did almost exactly what the McCanns did (only in Florida) and were arrested when their young children were found alone and distressed. The British press, British politicians and the Adams and their lawyers turned it into an international incident which actually threatened British tourism to Florida. Even the Guardian put the question to the British public: "Florida no longer a 'family destination'". All because this British couple who put their adult fun before the interests of their children happened to be caught in a place where it is a Class E felony to leave a child under 14 alone. Like the McCanns, the Adams (according to them) did this "all the time" and protested that so do all other British parents. To which the arresting officer said, "You British may eat your children, but that doesn't make it legal in Florida".

Answer 2

all this nonsense makes me wish we had no laws about child neglect as people have got the wrong end of the stick here. They will never face charges so stop wishful thinking and judgemental comments, it is wrong. No wonder we have such a screwed up society when half of if lack compassion and always want punishment for those who fall foul of their beliefs, this is nothing to do with the law. I really think its envy as people want the same for all and if this tour of europe does have an impact and they find their daughter as a result of overwhelming publicity then noone would complain about the money they did not donate. Don't envy their position of having a fund thay they can use for whatever means, there is no criteria for this. No law in the land will prosecute them and nor should they and if they do I will eat my words, as should everyone else who is wrong. Bless the precious girl.

Answer 3

Very interesting question. I imagine it would have to come under laws covering the EU as two countries would be involved, perhaps they would donate the monies to charities involved in child protection etc?

A valid question, although I don't think the Portugese will prosecute, for reasons stated in a previous post.

Why do people feel the need to cite other case/circumstances, when there is no comparison?

Answer 4

i havent heard or seen any update so i dont know if they have found the lil girl. but i do not understand how TWO parents can leave their 3 young children alone. what were they thinking?? we are quick to judge people but as a mother of a 3 year old i would never leave my daughter alone ANYWHERE not even whenn i go visit my sister will my child run around alone. i guess they didnt think something would happen but in the world we live in today.... u can never be too safe.. i hope the money is not confiscated and they continue to search for this child.. god knows wat she is or went through..

Answer 5

the single stable factor with regard to the McCann case has been the highlighting of ways lots care little ones do want. i think of many human beings have been lulled right into a feeling of fake protection and customary that it grow to be very properly to pass away their little ones dozing of their beds. mutually as i think of human beings get hysterical approximately issues like the swimming pool - i've got in no way come for the period of one that wasn't surprising fenced off - we tend to ignore approximately different risks. Strapping your new child into your motor vehicle to pass to Tescos is a lot greater risky. you have have been given a lots greater risk of your new child being killed in a motor vehicle twist of destiny, than of being stolen by using a stranger. yet we predict of no longer something of it. We assume our childrens are risk-free, in basic terms because of the fact the McCanns thought their little ones have been risk-free. i could incredibly prefer to arrest each and all of the human beings who arrive at our college with their little ones no longer strapped in and bouncing around on the front seat. To the guy who reported the youngster abducted from her tub grow to be a "freak" incident - what passed off to the McCanns grow to be a freak incident too. how many human beings do you understand whose little ones have been stolen by using a stranger?

Answer 6

I think when the McCanns are tried for criminal neglect the "Fund" (just "resting" in your account is it Gerry?) will be eaten up by bloodsucking lawyers* who make vultures look like doves.

*Thanks to Jeff Goldblum

Answer 7

The Act is quite long, I was going to read it but can't tbe bothered I'm afraid.... also this is not my area at all

To be honest they could possibly argue that:

The "fund/company" itself has been set up for a purpose - i.e to locate their daughter and who knows if the court would weigh up the reasonableness of closing the fund/limited company with the potential assistance it is providing in locating the daughter [which in my opinion is zilch as it is not being used for the purpose for which it was set up].

Maybe someone like Lesroys can provide the solution to this..

Bit of a moot point though as the Portugese authorities are far too scared to prosecute these people for fear of a potential backlash and the detrimantel effect this could have on their tourist industry...

Answer 8

I think at the moment people should not be thinking like that. After all that poor little girl is still missing. I think the parentshave been punish enough for their own neglect. However your question does make sense.

Answer 9

If the McCanns are charged & convicted of child neglect
(which they probably will be considering leaving babies unattended is wrong, legally as well as morally), i would suppose the money would be used for the cause of other missing children. For what its worth, am sure the McCanns would want this. They know, first hand, whats its like to be parents of a missing child (unlike any of us) so would naturally empathise with other such parents.

Answer 10

Could be. Not sure the laws there.
I hope that there is a strong message sent. They should have NEVER left a child alone. Sure, they are paying the ultimate sacrifice. Though, in America they would most likely be punished for neglect, as law has it. The parents are to protect their children at all costs. When they fail to do so, laws step in.