VISITING FORCES ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Application of Act

   3   Application of Act

   4   Orders designating states, etc

 

PART III
Jurisdiction in relation to Visiting Forces

   5   Primary right of civil Courts to exercise jurisdiction

   6   Previous trial by civil Court

   7   Primary right of service Court in certain cases

   8   Arrest, custody, etc, of offenders against Jamaican law

   9   Previous trial by service Courts

   10   Primary rights may be waived

   11   Immunities and privileges of members of service Court and witnesses

   12   Sentence, detention and proof thereof

   13   Arrest

   14   Place of imprisonment or detention

   15   Police functions

   16   Application of section 106 of Defence Act

   17   Death sentence

   18   Firearms and drilling

   19   Restriction on proceedings in respect of service of members, etc, of visiting force

 

PART IV
Claims for personal injuries and property damage

   20   Claims against designated state

   21   No proceedings lie where compensation payable

   22   Enforcement of judgment

   23   Ships

   24   Settlement of claims against visiting forces

 

PART V
Taxation

   25   Exemption from income tax

   26   Service vehicles and licences

   27   Import duty

   28   Personal effects and motor vehicles

   29   Fuel, oil, etc

 

PART VI
Coroner's Inquest

   30   Provisions as to coroner's inquest

 

PART VII
Attachments to and from Jamaican forces

   31   Temporary attachments to Jamaican forces and to forces of another country

   32   Regulations

 

THE VISITING FORCES ACT

[Date of Commencement: 11th April, 1975]

Act 20 of 1975.

LN 93s/1986.

PART I
Preliminary

1   Short title

   This Act may be cited as the Visiting Forces Act.

2   Interpretation

   In this Act-

   "civil court" means a Court of ordinary criminal jurisdiction in Jamaica, and includes a Court of summary jurisdiction;

   "civil prison" means any prison, gaol or other place in Jamaica in which offenders sentenced under this Act by a civil court can be confined;

   "Defence Board'' means the Defence Board constituted under section 9 of the Defence Act;

   "dependant", with reference to a member of a visiting force or to a member of the armed forces of a designated state, means the wife or husband of such member, or any other person wholly or mainly maintained by him, or in his custody, charge or care;

   "designated state" means a state, other than Jamaica, that is designated under section 4;

   "Jamaican forces" means the armed forces of Her Majesty raised in Jamaica and for the time being serving in Jamaica;

   "military establishment" has the meaning assigned to those words by subsection (1) of section 136 of the Defence Act;

   "regulations" means regulations made under this Act;

   "service authorities" means naval, military or air force authorities;

   "service Court" means a Court martial of a visiting force and includes the service authorities of a designated state who are empowered by the laws of that state to deal with charges brought against persons subject to the service law of that state;

   "service law" in relation to a designated state, means the law governing all or any of the forces of that state;

   "visiting force" means aby of the armed forces of a designated state present in Jamaica in connection with official duties, and includes civilian personnel designated under section 4 as a civilian component of a visiting force.

PART II
Application of Act

3   Application of Act

   This Act applies in respect of a designated state when the Defence Board has, pursuant to section 4, declared it to be applicable in respect of that state, and it applies in respect of that state only to the extent declared by the Defence Board pursuant to that section.

4   Orders designating states, etc

   The Defence Board may by order-

   (a)   designate any country as a designated state for the purposes of this Act;

   (b)   declare the extent to which this Act is applicable in respect of any designated state;

   (c)   designate civilian personnel as a civilian component of a visiting force.

PART III
Jurisdiction in relation to Visiting Forces

5   Primary right of civil Courts to exercise jurisdiction

   Except in respect of offices mentioned in subsection (1) of section 7, the civil courts have the primary right to exercise jurisdiction in respect of any act or omission constituting an offence against any law in force in Jamaica alleged to have been committed by a member of a visiting force or a dependant.

6   Previous trial by civil Court

   (1) Where a member of a visiting force or a dependant has been tried by a civil Court and has been convicted or acquitted, he may not be tried again in Jamaica for the same offence by a service Court, but nothing in this section shall prevent a service Court from trying within Jamaica a member of the visiting force or a dependant for any violation of rules of discipline arising from an act or omission that constituted an offence for which he was tried by a civil Court.

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