15 & 16 Geo. 6
& 1 Eliz. 2
Visiting Forces
Act, 1952
Part I—cont.
the United Kingdom unless under United Kingdom law a sentence of death could have been passed in a similar case.
(5) Any person who—
- (a) is detained in custody in pursuance of a sentence as respects which subsection (3) of this section has effect, or
- (b) being subject in accordance with this section to the jurisdiction of the service courts of a country to which this section applies, is detained in custody pending or during the trial by such a court of a charge brought against him,
shall for the purposes of any proceedings in any United Kingdom court be deemed to be in legal custody.
(6) For the purpose of enabling the service courts and service authorities of a country to which this section applies to exercise more effectively the powers referred to in subsection (1) of this section, the Admiralty, the Army Council or the Air Council, if so requested by the appropriate authority of that country, may from time to time by general or special orders direct members of the home forces to arrest any person, being a member of a visiting force of that country, who is alleged to be guilty of an offence punishable under the law of that country and to hand him over to such service authority of that country as may be designated by or under the orders.
Restriction, as respects certain offences, of trial by United Kingdom courts of of offenders connected with visiting force. 3.—(1) Subject to the provisions of this section, a person charged with an offence against United Kingdom law shall not be liable to be tried for that offence by a United Kingdom court if at the time when the offence is alleged to have been committed he was a member of a visiting force or a member of a civilian component of such a force and—
- (a) the alleged offence, if committed by him, arose out and in the course of his duty as a member of that force or component, as the case may be; or
- (b) the alleged offence is an offence against the person, and the person or if more than one, each of the persons in relation to whom it is alleged to have been committed had at the time thereof a relevant association either with that force or with another visiting force of the same country; or
- (c) the alleged offence is an offence against property, and the whole of the property in relation to which it is alleged to have been committed (or, in a case where different parts of that property were differently owned, each part of the property) was at the time thereof the property either of the sending country or of an authorityA31
