VFR09100 - Criminal jurisdiction under the Visiting Forces Act 1952 and action in offence cases: criminal jurisdiction under the Visiting Forces Act 1952

Jurisdiction under the Visiting Forces Act 1952
Waiver of the primary right of jurisdiction
Jurisdiction over dependants
Powers of arrest, search, seizure etc
Members of the forces of civilian components of sending countries who are stationed abroad and their dependents

{#Act1952}Jurisdiction under the Visiting Forces Act 1952

The authorities of the sending country (that is, to which State the force belongs) have the right to exercise all jurisdiction conferred upon them by their law over all persons subject to their military law.

The UK authorities have jurisdiction over the members of a visiting force or its civilian component and their dependants with respect to offences committed within the UK and punishable under UK law.

Certain offences may be contrary to UK law and the military law of the sending country. In these cases the following rules apply:

  • the authorities of the sending country have the primary right of jurisdiction if the offence;

  • arose out of and in the course of the duty as a member of the force or civilian component;
  • is an offence against another member of the visiting force or civilian component or against a dependant of such a member; or

  • is an offence against the property of the visiting force or of a member of a visiting or civilian component or of a dependant of such a member;

  • the UK authorities have the primary right of jurisdiction in all other cases.

{#Waiver}Waiver of the primary right of jurisdiction

Before undertaking any offence action, the matter should be reported to the Visiting Forces Unit of Expertise. The UoE will report the matter to the appropriate force authority of the visiting NATO force. Requests for a waiver of the UK primary right of jurisdiction by the appropriate force authority should be considered sympathetically. In most cases the force authorities (the US authorities in particular) will treat an offender more harshly than a UK court since they are keen to safeguard their good reputation in a host country.

For that reason, UK authority will not be damaged if a request for a waiver of jurisdiction is granted. Such requests which should be submitted in writing by the force authorities may be granted by the Visiting Forces Unit of Expertise, in consultation with VAT International, using the following form of words in reply:

“HM Revenue & Customs agree to waive the United Kingdom’s right of jurisdiction in this case on the strict understanding that your authorities institute legal proceedings against [insert name of individual]. If it is decided not to continue with such proceedings, please inform this office immediately.”

Waiver of the UK’s jurisdiction is not mandatory and cases may arise where the publicity of a UK court case could be desirable or where there may be other good reasons for not waiving the right of jurisdiction. Such cases should be referred to the Visiting Force Unit of Expertise who will liaise with VAT International for a decision giving reasons why the right of jurisdiction should not be waived.

All cases where jurisdiction is waived locally should be reported to the Visiting Forces Unit of Expertise.

{#Dependants}Jurisdiction over dependants

No specific provision has been made for jurisdiction over dependants. In certain instances, they would fall within the first sub-paragraph of Jurisdiction under the Visiting Forces Act 1952, but in general it is the intention that jurisdiction over dependants for any offences punishable under UK law shall be exercised by the UK courts.

{#Arrest}Powers of arrest, search, seizure etc

Section 5(1) of the Visiting Forces Act specifically preserves the normal powers of arrest, search, entry, seizure or custody exercisable under UK law for offences committed or believed to have been committed.

You should use discretion in the exercise of these powers on premises occupied by visiting forces; and where possible, the co-operation of the appropriate local visiting force authorities should be obtained before any such action is undertaken.

{#Civiliancomponents}Members of the forces of civilian components of sending countries who are stationed abroad and their dependents

The Status of Forces Agreement and the Visiting Forces Act apply only to members of forces stationed in this country and not to those stationed abroad who may be temporarily visiting this country.

Any action should only be taken with the advice of the VAT International team.