Thursday, January 19, 2023

Is a member of a visiting force who is driving home on duty for SOFA purposes?

An interesting question was presented last November in a case involving a member of the U.S. Air Force who had an accident en route to her off-base home quarters. The decision of Deputy Senior District Judge Tanweer Ikram of the Westminster Magistrates' Court in R v Hayes can be found here. The court held that the prosecution had proved, a certificate from the United States to the contrary notwithstanding, that the defendant's conduct in connection with the traffic accident did not arise out of or in the course of her duty as a member of a visiting force.

H/T to Brig (ret) Anthony S. Paphiti, aka ASPALS, for the link.

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