HC Deb 11 December 1952 vol 509 c647
22. Dr. Jeger

asked the Secretary of State for the Home Department if he will introduce legislation to amend Section 3 of the Visiting Forces Act, 1952, by reserving for trial by a United Kingdom court offences against the person involving the death of a British subject.

Sir D. Maxwell Fyfe

No, Sir. The Agreement regarding the Status of Forces of Parties to the North Atlantic Treaty gives us the primary right to exercise jurisdiction over a member of a visiting force in respect of an offence against a British subject, except when the offence was committed in the performance of official duty, when the sending State has the primary right. Section 3 of the Visiting Forces Act, 1952, gives effect to the Agreement.

Mr. Jeger

Is the Home Secretary aware that only two weeks ago an American soldier who was driving a car killed two British subjects and was sentenced by an American court-martial to six months' imprisonment? Is the right hon. and learned Gentleman quite satisfied about all the circumstances in connection with that case?

Sir D. Maxwell Fyfe

It is not the practice of this House to express opinions on the circumstances of particular trials. I want to make it clear that the provisions are those under the new Act; and when I was introducing it into the House a short time ago I indicated that although it made an improvement in the position. we had no complaints about the administration of the old Act. That is the position as far as I know it, and I cannot go into details of a particular case.