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United Kingdom Forces (Jurisdiction of Civil Courts) Act


Published: 1966

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United Kingdom Forces (Jurisdiction of (CAP. 454 1
Civil Courts)

CHAPTER 454

THE UNITED KINGDOM FORCES (JURISDICTION OF
C M L COURTS) ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Exercise of powers by service courts.
4. Restriction of trial of service offenders.
5. Courts not to try offences tried by service courts.
6. Savings of powers of arrest, etc.
7. Restriction on proceedings in respect of service of

members of Her Majesty's forces.
8. Coroners' inquests.
9. Evidence.

UNITED KINGDOM FORCES (JURISDICTION OF
C M L COURTS)

(6th July, 1966.) 9/1966.

1. This Act may be cited as the United Kingdom shorttitle-
Forces (Jurisdiction of Civil Courts) Act.

2. (1) In this Act- Interpretation.

"coroner" means any person appointed under the
authority of the Coroners Act to hold inquests; Cap. 105-

"court" means a court exercising jurisdiction in
Antigua and Barbuda other than a service court;

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 454) United Kingdom Forces (Jurisdiction of
Ciuil Courts)

"dependant" in relation to any person means any of the
following-

(a) the wife or husband of that person; . and
( 6 ) any other person wholly or mainly

maintained by him or in his custody, charge
or care;

"Her Majesty's forces" means the naval, military or air
forces of Her Majesty in right of Her Government
in the United Kingdom but does not include a
force raised under a law enacted by the Legislature;

"Her Majesty's ships or aircraft" does not include ships
or aircraft belonging to Her Majesty otherwise
than in right of Her Majesty's Government in the
United Kingdom;

"service court" means an officer or court exercising

5 & 6 a. 2 ~ . 53. jurisdiction under the Naval Discipline Act 1957,
3 & 4 ~ l i z . 2 ~ . 18. the Army Act 1955 or the Air Force Act 1955 and
3 & 4 ~ l i z . 2 ~ . 19. includes a confirming officer or reviewing authority

under any of those Acts.

(2) In this Act a reference to the holder of an office by
the term designating his office shall be construed as including,
to the extent of his authority, a reference to any person for the
time being authorised to exercise the functions of that office.

(3) References in this Act to a member of a civilian
component of any of Her Majesty's forces are references to
persons (being persons subject to the jurisdiction of a
service court) of any such description as may be prescribed
by order made by the Governor-General.

(4) References in this Act to a person's having at any
time a relevant association with Her Majesty's forces are
references to his being at that time a person of one or other
of the following descriptions, that is to say-

(a ) a member of Her Majesty's forces or a member
of a civilian component of any of those forces;

( 6) a person who is a dependant of any such member.

LAWS OF ANTIGUA AND BARBUDA

United KingdomForces (Jurisdiction of (CAP. 454 3
Ciuil Courts)

(5) References in this Act to any law are references to
that law as from time to time amended or extended by or
under any other law.

(6) In the exercise of the powers conferred upon him
by this Act the Governor-General shall not be obliged to
obtain the advice of or otherwise to consult with any other
person or authority in Antigua and Barbuda.

3. (1) The service courts may within Antigua and Exerheof
powers by service Barbuda, or on board any of Her Majesty's ships or aircraft,

exercise over persons subject to their jurisdiction all such
powers as are exercisable by them according to the law of
the United Kingdom.

(2) The persons subject to the jurisdiction of the service
courts in accordance with this section are the following, that
is to say:-

( a ) members of Her Majesty's forces; and

(b ) a member of a civilian component of any of
those forces.

(3) Where any sentence has, whether within or outside
Antigua and Barbuda, been passed by a service court upon a
person who immediately before sentence was passed was
subject to the jurisdiction of that court in accordance with
this section, then for the purposes of any proceeding in a
court the said service court shall be deemed to have been
properly constituted, and the sentence shall be deemed to
be within the jurisdiction of that service court and in accor-
dance with the law of the United Kingdom, and if executed
according to the terms of the sentence shall be deemed to
have been lawfully executed.

(4) 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 to which this
Act applies, is detained in custody pending or during

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 454) United Kingdom Forces (Jurisdiction of
Civil Courts)

the trial by such service court of a charge brought
against him,

shall for the purposes of any proceedings in a court be
deemed to be in legal custody.

Restrictionof trial 4. (1) Subject to the provisions of this section, a
of service
offenders. person charged with an offence against the law of Antigua

and Barbuda shall not be liable to be tried for that offence
by a court if at the time that the offence is alleged to have
been committed he was a member of Her Majesty's forces or
a member of a civilian component of any of those forces
and-

(a ) the alleged offence, if committed by him,
arose out of and in the course of his duty as a member
of Her Majesty's forces or a member of that civilian
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 with Her Majesty's forces; or

(c) the alleged offence is an offence against
property, and the whole of the property in relation to
which it was alleged to have been committed (or, in
cases where different parts of that property were
differently owned, each part of the property) was at the
time thereof the property either of a department of the
Government of the United Kingdom or of some other
authority of the United Kingdom or of Her Majesty's
forces or of the Navy, Army and Air Force Institutes or
of any other institution or organization operating for
the benefit of Her Majesty's forces that is prescribed by
order of the Governor-General or the property of a
person having such an association as aforesaid.

(2) Nothing in subsection (1)-

( a ) shall prevent a person from being tried by a
court in any case where a certificate is issued by or on
behalf of the Governor-General, either before or in the
course of the trial, that the officer commanding Her
Majesty's forces in Antigua and Barbuda has notified

LAWS OF ANTIGUA AND BARBUDA

United Kingdom Forces (Jurisdiction of (CAP. 454 5
Civil Courts)

the Governor-General that it is not proposed that the
case should be dealt with by a service court; or

(b) shall affect anything done or omitted in the
course of a trial unless in the course thereof objection
has already been made that by reason of that subsec-
tion the court is not competent to deal with the case; or

(c) shall, after the conclusion of a trial, be treated
as having affected the validity thereof if no such
objection was made in the proceedings at any stage
before the conclusion of the trial.

(3) In relation to cases where the charge (by whatever
words expressed) is a charge of attempting or conspiring to
commit an offence, or of aiding, abetting, procuring or being
accessory to the commission of an offence, paragraphs (b)
and ( c ) of subsection (1) shall have effect as if references in
those paragraphs to the alleged offence were references to
the offence which the person charged is alleged to have
attempted or conspired to commit or, as the case may be,
the offence as respects which it is alleged that he aided
abetted, procured or was accessory to the commission
thereof; and references in those paragraphs to persons in
relation to whom, or property in relation to which, the
offence is alleged to have been committed shall be construed
accordingly.

(4) Nothing in this section shall be construed as
derogating from the provisions of any law of Antigua and
Barbuda restricting the prosecution of any proceedings or
requiring the consent of any authority to the prosecution
thereof.

( 5 ) The Governor-General may by Order prescribe the
offences which shall respectively be offences against the
person and offences against property for the purposes of
this section.

(6) Nothing in this section shall be construed as
precluding a court from trying any person for an offence
against the law of Antigua and Barbuda in respect of which
he has, before the date on which this Act comes into force
been charged before a court.

LAWS OF ANTIGUA AND BARBUDA

Courts not to try
offences tried by
senice courts.

Savings of powers
of arrest, etc.

Cap. 330.

Restriction on
proceedings in
respect of semce
of members of
Her Majesty's
forces.

CAP. 454) United Kingdom Forces (Jurisdiction of
Ciuil Courts)

5. Without prejudice to the provisions of section 4,
where a person has been tried by a service court he shall not
be tried for the same crime by a court.

6 . (1) Nothing in section 4 or 5 shall affect-
(a) any powers of arrest, search, entry, seizure or

custody exercisable under any law of Antigua and
Barbuda with respect to offences committed or
believed to\have been committed against that law; or

(b ) any obligation of any person in respect of a
recognizance or bail bond entered into in consequence
of his arrest, or the arrest of any other person, for such
an offence; or

(6) any power of any court to remand (whether
on bail or in custody) a person brought before the
court in connection with such an offence.

(2) Where a person has been taken into custody by a
constable without a warrant for such an offence as afore-
said, and there is reasonable ground for believing that in
accordance with section 3 he is subject to the jurisdiction of
a service court, then with the view of its being determined
whether he is to be dealt with for an offence under the law
of Antigua and Barbuda or dealt with by a service court for
an offence against the law of the United Kingdom, he may
notwithstanding anything in section 26 of the Police Act, be
detained in custody for a period not exceeding three days
without being brought before a Magistrate; but if within that
period he is not delivered into the custody of an authority of
the United Kingdom he shall, in accordance with the said
section 26, be released on bail or brought before a
Magistrate as soon as practicable after the expiration of that
period.

7. No proceedings shall be entertained by any court
with regard to the pay of any person in respect of service as
a member of Her Majesty's forces or as a member of a
civilian component of such a force, with regard to the terms
of such service or with regard to a person's discharge from
such service.

LAWS OF ANTIGUA AND BARBUDA

United Kingdom Forces (Jurisdiction of (CAP. 454 7
Civil Courts)

8. (1) If any coroner having jurisdiction to hold an g:~:'
inquest touching a death is satisfied that the deceased
person at the time of his death had a relevant association
with her Majesty's forces, then, unless the Governor-General
otherwise directs, the coroner shall not hold the inquest or,
if the inquest has been begun but not completed, shall
adjourn the inquest.

(2) Subject to the provisions of subsection ( I ) , if on an
inquest touching a death the coroner is satisfied-

(a) that a person who is subject to the jurisdiction
of a service court has been charged before a service
court with the homicide of the deceased person,
whether or not that charge has been dealt with; or

(6) that such a person is being detained by an
authority of the United Kingdom with a view to being
so charged,

then, unless the Governor-General otherwise directs, the
coroner shall adjourn the inquest.

(3) Where an inquest is adjourned under this section,
the coroner shall not resume it except on the direction of
the Governor-General.

(4) Where an inquest is adjourned under this section,
the jury (if any) shall be discharged; and if the inquest is
resumed the coroner shall proceed in all respects as if the
inquest had not previously been begun except that any
requirement to view the body shall not apply.

9. (1) For the purposes of this Act a certificate Evidence.
issued by or on behalf of the officer commanding Her
Majesty's forces in Antigua and Barbuda stating that at a
time specified in the certificate a person so specified either
was or was not a member of Her Majesty's forces shall in any
proceedings in any court be sufficient evidence of the fact
so stated unless the contrary is proved.

(2) For the purposes of this Act a certificate issued by
or on behalf of the officer commanding 'Her Majesty's
forces in Antigua and Barbuda stating as respects a person
specified in the certificate-

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 454) United Kingdom Forces (Jurisdiction of
Civil Courts)

(a) that he has been charged before a service
court with the homicide of a deceased person or is
detained in custody by an authority of the United
Kingdom with a view to being so charged; or

( 6 ) that he has been tried, at a time and place
specified in the certificate, by a service court for a
crime so specified,

shall in any proceedings in any court be conclusive evidence
of the facts so stated.

(3) Where a person is charged with an offence against
the law of Antigua and Barbuda and at the time when the
offence is alleged to have been committed he was a member
of Her Majesty's forces or a member of a civilian component
of any of those forces, a certificate issued by or on behalf of
the officer commanding Her Majesty's forces in Antigua
and Barbuda, stating that the alleged offence, if committed
by him, arose out of and in the course of his duty as a
member of Her Majesty's forces or that component, as the
case may be, shall in any such proceedings as aforesaid be
sufficient evidence of that fact unless the contrary is proved.