AMERICAN FORCES

New Zealand Herald, Volume 80, Issue 24555, 10 April 1943, Page 8

AMERICAN FORCES

CRIMINAL TRIALS RECENT BRITISH ACT The Now Zealand er'°r - y regulations giving exclusive > jsciiction to American service cotir' in regard to criminal charges against members of the United States armed forces in the Dominion have a recent precedent in the Visiting Forces Act, a measure with the same effect, which became' law in the United Kingdom last August. In tho last war Britain concluded conventions with France and Belgium for the trial of British soldiers by their own courts martial for offences committed when on leave, but no .such convention was made with the United States regarding American soldiers in Britain. However, by mutual consent such men were in fact tried by American courts martial. A difficulty arose in a case after the Armistice when a British civilian who was wanted as a witness declined- to attend, and it was found that there was 110 means of compelling him to do iso. This was remedied without delay by an Order-in-Coancil under "Dora," the Defence of the Realm Act. Criticism in Britain The recent British Act, like the New Zealand regulations, makes provision for the attendance of civilian witnesses and provides further that they shall receive 10s a day and travelling expenses, 'also that a court martial must bo held within a reasonable distance of the scene of a crime. The Act does not. aflect the British authorities' power of arrest, search and custody, but provider, except in certain special cases, that American soldiers are to be handed over to the United States Army for trial and punishment. The measure was not passed without considerable criticism, particularly in the House of Commons, but it was not actively opposed. 1/ord Atkin, a Lord of Appeal, wrote to the Times, pointing out that the criminal laws were for the protection of the lives and property of Biitish subjects and asking whether the American authorities had given an assurance that equal crimes would receive equal punishment in the visiting courts. The Times, in an editorial, remarked that Britain and the United States had very similar ideas as to what constituted serious crime; they had similar rules of evidence and punished the graver offences with equal severity. An Excusable Feeling In tho House of Commons, most of the objections appeared to be based on the fact that the United States Army authorities wanted the measure. As the Now York Times correspondent, Mr. Raymond Daniell, expressed it. some members felt that it was "just the beginning of demands from the United States that would leave Britain a sort of appendage of her former colony." His paper commented that Americans could readily excuse such a feeling if they imagined a large British army present in their own country and seeking the right to try offences against the persons or property of American citizens. Civil Jurisdiction Regarding minor offences, it was pointed out that breaches of local ordinances, such as those relating to traffic, were covered hy the United States military code, in which there was a convenient omnibus clause defining acts "to the prejudice of good discipline" and making it punishable to contravene the police regulations of a friendly country in which American soldiers were serving. The further question of civil suits for debt, or damages against American servicemen does not appear to have been seriously raised by any Allied government, and experience in this war suggests that it may not he of much practical importance. There is reason to believe that commanding officers to whom complaints are taken make suitable use of their disciplinary powers in favour of civilians who are able to substantiate minor claims arising out of acts by men 011 leave. ARRANGEMENT APPROVED

LEGAL PROFESSION'S ATTITUDE (P,A.) WELLINGTON, Friday "I think that this arrangement would be approved of, if not welcomed, by the legal profession throughout New Zealand," said the President of the New Zealand Law Society, Mr. H. F. O'Leary, when asked how the profession viewed the agreement between the United States and the New Zealand Government by which the American authorities are granted exclusive jurisdiction in respect of criminal offences committed or alleged to have been com : mitted by members of the American armed forces in New Zealand. "We do know," he continued, "that a similar arrangement has operated in Great Britain for some time and as fains we know it has worked smoothly and satisfactorily. It is correct to say that it is a radical departure from the principle which up to this time has always operated in British countries, namely, thai, offences coining within their jurisdiction should be dealt with in the local courts "But it is a feature of British common law that it is not static," Mr. O'Leary continued. "It changes and it must change with differing circumstances. It seems to me that what has been arranged is necessary to meet the circumstances as they exist to-day. I would think that the arrangement would work satisfactorily as it has in Great. Britain." DEEP-SEA FISHING GOOD SEASON ENJOYED (0.C.) HAMILTON, Friday A very successful deep-sea fishing season has been experienced by anglers off the east coast of New Zealand this summer. Striped, marlin have been plentiful from the North Cape to the East Cape. One angler, Mr. G. Morpeth, of Hamilton, caught 22 striped marlin, averaging 2801b. each, during five weekends this season, compared with 14 taken by him last season, and 1.1 the year before. The fish averaged 101b. heavier than those caught last year. American visitors have expressed the opinion that New Zealand deep-sea game fishing is infinitely superior to that off the const of America, and they envisage a large increase of American visitors to New Zealand after the war to take part in the sport.