TRIAL BY OWN COURTS

Dominion, Volume 35, Issue 264, 6 August 1942, Page 5

TRIAL BY OWN COURTS

U.S. Troops In British Countries (British Official Wireless.) RUGBY, August 4.

A Bill providing that criminal offences on the part of members of the United States armed forces shall be removed from the jurisdiction of British courts was passed in the House of Commons. Notes have been exchanged between the Foreign Secretary, Mr. Eden, and the American- Ambassador, Mr. Winant, making it clear that United States Courts will not only try but also, on conviction, punish all offenders. . The Bill does not apply to the Dominions, but similar negotiations are believed to be going on in Australia and New Zealand. The Government can order the application of the Bill to any of the colonies. Similar conditions existed in the case ol the British forces in France in the last war. The Government bus had the most friendly help from the American authorities in connexion with the Bill. Punishment will be in accordance with British standards, and in some cases will be more severe than in Britain. Proceedings will be in open court unless security considerations are involved. The courts will have the same power as those in Britain, and witnesses will have the same privileges as before a British court. American military police will not be able to arrest a British subject. Regarding libel, newspapers will have the same protection as in respect of legal, proceedings in this country. The United States Government will give reciprocity if and when it becomes a practical issue. The Home Secretary, Mr. Morrison, explained that it was the considered opinion of the United States authorities that it would be most expedient and from their constitutional point of view right that any offences on the part of members of these forces should be tried by their own military courts and not by British courts. The American forces were accustomed to their own procedure in these matters, and though that procedure was not very dissimilar to our own, nevertheless they would be more familiar in dealing with their own authorities in their own customary way. The Bill was also passed by the House of Lords. SIMILAR PROVISIONS FOR DOMINION Somewhat similar provisions were being drafted in New Zeaand, said the Attorney-General, Mr. Mason, commenting yesterday on the Bill passed by the House of Commons. “The general principles,” said Air. Afason, “are similar, but probably some difference in detail may be necessary in points that may be described as only of a subsidiary character. However, till all points, even the subsidiary ones, have been disposed of one cannot, say anything as to the form the provisions will finally take.” Asked whether a Bill would be introduced covering these provisions, Air. Mason said that the Emergency Powers Act contained ample powers for the object to be achieved if necessary by means of regulations.