US Bases (Policing) (Hansard, 10 March 1989)

§ Mr. Neubert

Under the NATO status of forces agreement the United States armed forces have the right to police any camps, establishments or other premises which they occupy in the United Kingdom by agreement with Her Majesty's Government. To carry out this policing role, United States military police may take all appropriate measures to ensure the maintenance of order and security on such premises, including, where necessary, the carriage of firearms provided that they are authorised to do so by their orders. Outside those premises US military police may be employed only by arrangement with and in liaison with the civil police.

Under the agreement, the visiting force must respect the law of the receiving state; and all personnel, including those carrying out policing duties, are subject to the provisions of United Kingdom law. Section 2 of the Visiting Forces Act 1952 permits the US service authorities and courts within the United Kingdom to exercise over 43W those subject to their jurisdiction the powers that are exercisable by them under United States law. Where an offence is committed against both United States and United Kingdom law there is therefore concurrent jurisdiction. Section 3 of the Act sets out the arrangements for determining who shall have primary jurisdiction in such cases. Broadly speaking, it provides that the United States authorities have the primary right to bring a member of a visiting force to trial if the alleged offence arose out of and in the course of his duty as a member of that force, or was solely against the property or person of others associated with the visiting force.

It is, however, open to the United States authorities to decide not to proceed with a case under United States law; in that case, section 3(3) restores jurisdiction to the United Kingdom courts.