This blog posting represents the views of the author, David Fosberry. Those opinions may change over time. They do not constitute an expert legal or financial opinion.

If you have comments on this blog posting, please email me .

The Opinion Blog is organised by threads, so each post is identified by a thread number ("Major" index) and a post number ("Minor" index). If you want to view the index of blogs, click here to download it as an Excel spreadsheet.

Click here to see the whole Opinion Blog.

To view, save, share or refer to a particular blog post, use the link in that post (below/right, where it says "Show only this post").

How Can This Be Legal?

Posted on 31st July 2017

Show only this post
Show all posts in this thread.

I am completely gob-smacked by the situation these three drivers (Julian Wilson, David Bentley and Adrian Harrold. as reported by the BBC) are in.

It seems that the trio were taking part in the Cannon Run, a road rally across several European countries, and were arrested on the 4th June for "minor motoring offences". They are still in custody, and have so far not been charged. At least one of the cars has been confiscated.

How is it even legal for them to still be in custody without charge, whatever the offences they are suspected of, after 8 weeks? In most western countries, police have a limit on how long they can hold someone without charge: 48 hours is a typical limit, except in the case of terrorism offences, where they may usually be held longer (but even so, not usually for 8 weeks). In most civilised places, even murderers are treated better!

I have always thought that Switzerland was a country with a well developed law enforcement system, and where people's rights were well protected. It seems, however, that this is not really the case. In the UK, a lawyer would have long since secured the release of the suspects. Since the UK Foreign Office is providing assistance to the three drivers, I must assume that they do have a lawyer, meaning that the problem must lie with the suspects' right under Swiss Law.