The case of Harry Dunn, the motorcyclist killed in a crash in 2019, has thrown a spotlight on diplomatic immunity. Anne Sacoolas, the wife of a US diplomat, admitted causing his death by careless driving but avoided an immediate jail sentence after claiming diplomatic immunity.
Diplomatic immunity is a legal status reserved for foreign diplomats and their families, protecting them from arrest or prosecution under the 1961 Vienna Convention. In the UK, around 23,000 individuals benefit from this protection, which also extends to diplomatic buildings.
In the Harry Dunn case, a loophole allowed Ms Sacoolas to claim immunity as the spouse of a consular official. The UK and US governments later agreed to amend this 'anomaly', although Washington refused to extradite her. She voluntarily submitted to prosecution.
Ms Sacoolas was charged in December 2019 with death by dangerous driving, but pleaded guilty to the lesser charge of death by careless driving in October 2022. Sentenced via video link on 8 December, she received eight months' imprisonment, suspended for 12 months, and a year-long driving ban, which cannot be enforced while she remains in the US.
Diplomatic immunity is not absolute. The Foreign Office can request a waiver, as seen in the 1940 case of Tyler Kent and the 1997 case of Gueorgui Makharadze. However, it remains a contentious issue, with diplomats also owing over £116m in congestion charges as of 2020.
