Visiting Forces Act, 1962 Act 117 (Revised Edition)

ACT 117
Visiting Forces Act, 1962
ACT 117
VISITING FORCES ACT, 1962
ARRANGEMENT OF SECTIONS
SECTION
1. Exercise of powers by service courts and authorities. 2. Primary right of civil courts to exercise jurisdiction. 3. Restriction of jurisdiction of civil courts and service courts. 4. Waiver of primary right to exercise jurisdiction. 5. Summoning of witness. 6. Offences liable to be committed by witnesses. 7. Privileges of members of service courts. 8. Effect of certificate of service authority. 9. Due constitution of service courts. 10. Assistance by home force to service courts and authorities. 11. Detention of sentenced members of visiting forces. 12. Application of Criminal Offences Act, 1960 to visiting forces. 13. Rank of members of visiting forces. 14. Regulations
15. Interpretation. ACT 117
VISITING FORCES ACT, 19621
AN ACT to enable service courts and authorities of sending states to which visiting
forces belong to exercise jurisdiction and other powers over members of those
forces, to provide for certain matters relating to the administration of those
forces and to provide for related matters. 1.

ers over members of those
forces, to provide for certain matters relating to the administration of those
forces and to provide for related matters. 1.

Exercise of powers by service courts and authorities
When a visiting force is present in the Republic or on board a ship or an aircraft of the
Republic, the service courts and service authorities of the sending state may exercise
within the Republic, or on board that ship or aircraft, in relation to members of that force,
the powers that are conferred on them by the law of the sending state. 2. Primary right of civil courts to exercise jurisdiction
(1) Except in respect of offences mentioned in subsection (2), the civil courts have
the primary right to exercise jurisdiction in respect of an act of omission constituting an
offence against a law in force in the Republic alleged to have been committed by a mem
ber of a visiting force. 1. The Act was assented to on 12th June, 1962. vn —3851 [Issue 1]

rce in the Republic alleged to have been committed by a mem
ber of a visiting force. 1. The Act was assented to on 12th June, 1962. vn —3851 [Issue 1]

ACT 117
Visiting Forces Act, 1962
(2) With respect to the alleged commission by a member of a visiting force of an of
fence relating to
(a) the property or security of the sending state,
(b) the person or property of another member of the visiting force,
(c) the person or property of a dependent of another member of the visiting
force, or
(d) an act done or anything omitted by the discharge of an official duty,
the service courts of the visiting force shall have the primar y right to exercise jurisdiction. (3) Where the offence of a member of a visiting force relates to paragraph (d) of
subsection (2), and has been committed against a civilian, the Minister responsible for
Defence shall decide whether a service court or civil court shall have the primary right
to exercise jurisdiction in the trial of the offence, and the court selected by the Minister
shall have the primary right to exercise that jurisdiction. (4) This section shall have effect subject to an agreement between the Republic in re
spect of a visiting force and the sending state to which the force belongs.2
3.

n shall have effect subject to an agreement between the Republic in re
spect of a visiting force and the sending state to which the force belongs.2
3.

Restriction of jurisdiction of civil courts and service courts
(1) Where a member of a visiting force is tried by a service court of that visiting
force and is convicted or acquitted, that member shall not be tried again by a civil court
for the same offence. (2) Where a member of a visiting force is tried by a civil court and is convicted or
acquitted, that member shall not be tried again within the Republic for the same offence
by a service court of that visiting force. (3) Subsection (2) does not prevent the service court from trying within the Republic
a member of the visiting force for a violation of rules of discipline arising from an act or
omission that constituted an offence for which that member was tried by the civil court. 4. Waiver of primary right to exercise jurisdiction
(1) Where under section 2 a civil court or a service court of a visiting force has the
primary right to exercise jurisdiction, the court having the primary right has the right to
deal with charges against the alleged offender in the first instance, but that right may be
waived.

he court having the primary right has the right to
deal with charges against the alleged offender in the first instance, but that right may be
waived.

(2) Whether or not that right is to be waived and any other matter relating to the
waiver of that right shall be determined in accordance with the Regulations.3
5. Summoning of witnesses
(1) A person required to give evidence before a service court shall be summoned only
by a District Magistrate. 2. Added to by section 1 of the Visiting Forces (Amendment) Act, (Act 233) as subsection (3). 3. Added to by section 2 of the Visiting Forces (Amendment) Act, 1964 (Act 233). [Issue 1] VU — 3852

ces (Amendment) Act, (Act 233) as subsection (3). 3. Added to by section 2 of the Visiting Forces (Amendment) Act, 1964 (Act 233). [Issue 1] VU — 3852

ACT 117
Visiting Forces Act, 1962
(2) A District Magistrate shall summon, in the manner prescribed by the President or
any other person authorised in that behalf by the President, a witness to appear before a
service court when requested so to do by
(a) the authority by whom the service court was convened,
(b) the officer presiding at the service court, or
(c) an officer designated by the presiding officer referred to in paragraph (b). (3) A person summoned under subsection (2) may be required to bring and produce
at a service court the documents in the possession or under the control of that person re
lating to the matters in issue before the service court but that person shall not be required
to bring and produce a document in respect of which privilege could have been claimed if
the court which issued the summons was a civil court. (4) A witness summoned or attending to give evidence before a service court is enti
tled to receive from the visiting force the fees and allowances for expenses of attendance
that the witness would have received if the evidence had been given in a civil court. 6.

ting force the fees and allowances for expenses of attendance
that the witness would have received if the evidence had been given in a civil court. 6.

Offences liable to be committed by witnesses
(1) A person who
(a) on being duly summoned as a witness under section 5 and after payment or
tender of the fees and expenses of attendance, makes default in attending,
or
(b) being in attendance as a witness before a service court, refuses to
(i) take the oath or affirmation legally required, or
(ii) produce the documents in that person’s power or control legally re
quired to be produced, or
(iii) answer a question that legally requires an answer, or
(c) uses insulting or threatening language before a service court, or causes an
interference or a disturbance in its proceedings, or prints observations or
uses words likely to influence improperly the members of, or witnesses be
fore, that service court, or to bring that service court into disrepute, or in
any other manner displays contempt of that court, or
(cl) being in attendance as counsel before a service court, commits an act which
if committed before a civil court would constitute a contempt of the civil
court,
commits an offence and the service court may, by a certificate setting forth the facts of
the offence, refer the offence to a civil court that has power to punish witnesses and
counsel for an offence of that nature if committed in that civil court.

nce, refer the offence to a civil court that has power to punish witnesses and
counsel for an offence of that nature if committed in that civil court.

(2) A civil court to which an offence mentioned in subsection (1) is referred shall
cause to be brought before it the person certified to have committed that offence, and
(a) shall enquire into the facts set forth in the certificate mentioned in subsec
tion (1), and
VII —3853 [Issue 1]

o have committed that offence, and
(a) shall enquire into the facts set forth in the certificate mentioned in subsec
tion (1), and
VII —3853 [Issue 1]

ACT 117
Visiting Forces Act, 1962
(b) after examination of the witnesses who may be produced for or against the
person so accused and after hearing the statement that may be offered in
defence, shall, if it seems just, punish that person in a like manner as if the
offence was committed in a proceeding in that civil court. 7. Privileges of members of service courts
The members of a service court exercising jurisdiction under this Act and witnesses
appealing before that court shall enjoy the like immunities and privileges as are enjoyed
by members of, and witnesses before, a court-martial exercising jurisdiction under the
law relating to the Armed Forces of the Republic. 8. Effect of certificate of service authority
A certificate of a service authority of a sending state, stating that anything alleged to
have been done or omitted by a member of a visiting force of that state was or was not
done in the discharge of an official duty is receivable in evidence in a civil court and is a
prima facie evidence of that fact. 9.

ate was or was not
done in the discharge of an official duty is receivable in evidence in a civil court and is a
prima facie evidence of that fact. 9.

Due constitution of service courts
(1) For the purposes of legal proceedings within the Republic, where a sentence has,
whether within or without the Republic, been passed on a member of a visiting force by a
service court,
(a) the court shall be deemed to have been properly constituted,
(b) the proceedings of the court shall be deemed to have been regularly con
ducted, and
(c) the sentence shall be deemed to be within the jurisdiction of the court and
in accordance with the law of the sending state and, if executed according
to its tenor shall be deemed to have been lawfully executed. (2) A member of a visiting force who is detained in custody
(a) under a sentence mentioned in subsection (1), or
(b) pending the determination by a service court of a charge brought against
that member,
is for the purposes of legal proceedings within the Republic, in lawful custody.

rmination by a service court of a charge brought against
that member,
is for the purposes of legal proceedings within the Republic, in lawful custody.

(3) For the purposes of legal proceedings within the Republic, a certificate signed
personally by the officer commanding a visiting force that a member of that force is be
ing detained in either of the circumstances described in subsection (2), is conclusive evi
dence of the cause of that detention, but not of the status as a member, and a certificate
personally signed by that officer that the persons specified in the certificate sat at a ser
vice court of the sending state is conclusive evidence of that fact. [Issue 1] VII — 3854

r that the persons specified in the certificate sat at a ser
vice court of the sending state is conclusive evidence of that fact. [Issue 1] VII — 3854

ACT 117
Visiting Forces Act, 1962
10. Assistance by home force to service courts and authorities
For the purposes of enabling the service courts and service authorities of the sending
state to exercise more effectively the powers conferred on them by this Act, the President,
if so requested by the sending state, may by general or special orders to a home force,
direct the members of the home force to arrest members of the visiting force alleged to
have committed an offence against the law of the sending state, and to hand over a person
so arrested to the appropriate authorities of the visiting force. 11. Detention of sentenced members of visiting forces
(1) A member of a visiting force, if sentenced by a service court of the sending state
to imprisonment or detention may, under the authority of the President, given at the re
quest of the sending state, be temporarily detained in custody in a detention barrack in the
Republic.

the authority of the President, given at the re
quest of the sending state, be temporarily detained in custody in a detention barrack in the
Republic.

(2) Where a member of a visiting force is in custody in a detention banack in the Re
public under subsection (1), the laws relating to the reception of prisoners from their re
turn to the sendee authorities of the home forces, their treatment while in custody in the
detention barrack, and the circumstances in which they are to be released, shall, with the
necessary modifications, apply in relation to the member of the visiting force in like
manner as those laws apply to a member of a home force. 12. Application of Criminal Offences Act, 1960 to visiting forces
The provisions of the Criminal Offences Act, 1960 (Act 29) relating to military train
ing and exercises and to the carrying of offensive weapons shall not apply to a member of
a visiting force acting in the course of official duty. 13. Rank of members of visiting forces
(1) In so far as powers of command depend on rank, a member of a visiting force
who
(a) is acting with a part of a home force, or
(b) is a member of a body or a visiting force which is acting with a part of a
home force,
shall have the same powers as a member of the home force of like rank.

mber of a body or a visiting force which is acting with a part of a
home force,
shall have the same powers as a member of the home force of like rank.

(2) Where the whole or a part of a home force is required to act with any other mili
tary, naval or air force, the President may place the home force, or a part of the home
force under the command of the officer commanding a visiting force, if that officer is
senior in rank to the other officers of the home force or of that part. (3) Where a part of a home force is acting in co-operation with any other force, the
commander of that part of the home force may, in agreement with the commander of the
other force, define the powers of command and the order of precedence of the officers,
warrant officers, non-commissioned officers, chief petty officers, petty officers and lead
ing seamen of the home force in relation to an officer, warrant officer, non-commissioned
officer, chief petty officer, petty officer or leading seaman of the other force who is of the
same or equivalent rank. VH —3855 (Issue 1]

ommissioned
officer, chief petty officer, petty officer or leading seaman of the other force who is of the
same or equivalent rank. VH —3855 (Issue 1]

ACT 117
Visiting Forces Act, 1962
14. Regulations
The Minister responsible for Defence may, by legislative instrument, make Regula
tions for
(a) the matters that are required to be made by Regulations under this Act,
(b) the modification, adaptation or amendment in any other manner of an
enactment relating to inquests, in operation in the Republic in so far as
the enactment is to be applicable to a visiting force, and
(c) giving effect to an agreement referred to in subsection (3) of section 2 and
carrying out the principles and provisions of this Act.4
15.

rce, and
(c) giving effect to an agreement referred to in subsection (3) of section 2 and
carrying out the principles and provisions of this Act.4
15.

Interpretation
In this Act, unless the context otherwise requires,
“civil court ” means a court in the Republic having jurisdiction in criminal
matters;
“home force ” means the Army, Navy or Air Force of the Republic or a part of
any of them;
“Regulations” means the Regulations made under this Act;
“ sending state” means the state to which a visiting force belongs;
“service authority” means an army, a navy or an air force authority;
“service court” includes an army, a navy or an air force court and a service court
of inquiry, and an officer of a visiting force who is empowered by the sending state to
review the proceedings of a service court of the sending state or to investigate charges
or personally dispose of charges;
“ visiting force ” means any or all of the following:
(a) a body, contingent, detachment or member of the army, navy or air force of
a state which, with the consent of the President, is lawfully present in the
Republic or board any ship or aircraft of the Republic;
(b) a civilian
(i) accompanying that body, contingent or detachment,
(ii) in the employment of, or performing a service for that body, contin
gent or detachment, and
(iii) who is not a stateless person nor a citizen of, nor ordinarily resident
in, the Republic; and
(c) a dependent of a member or civilian accompanying that member.5
4.

stateless person nor a citizen of, nor ordinarily resident
in, the Republic; and
(c) a dependent of a member or civilian accompanying that member.5
4.

Inserted by section 3 of the Visiting Forces (Amendment) Act, 1964 (Act 233). 5. Amended by section 4 of the Visiting Forces (Amendment) Act, 1964 (Act 233). [Issue 1] Vn —3856