Odger's English Common Law

OFFENCES BY ALIENS. 137
To this general rule there are two exceptions :
(i.) An alien enemy, who enters the country as one of an
invading army, cannot be treated as a criminal in respect of
any act of legitimate warfare.
(ii.) A foreign ambassador, his suite and servants are out-
side the jurisdiction of our ordinary criminal Courts in respect
of most, if not of all, crimes.
While aliens have thus always been subject to our laws so
long as they stay within the realm, our Courts had at common
law no power to take cognizance of any offences committed
abroad. These did not affect the safety or tranquillity of this
realm, and were therefore left by the comity of nations to be
dealt with by the Courts of the country in which each such
offence was committed. "All crime is local. The jurisdic-
tion over the crime belongs to the country where the crime
is committed, and, except over her own subjects, Her Majesty
and the Imperial Legislature have no power whatever." 1
—
This
was so whether the offender was a British subject or an alien.
Now, however, by various statutes certain crimes committed
abroad by a British subject can be tried here, if the offender
returns within jurisdiction.
First, as to crimes committed on land : no foreigner is
punishable in England for a crime committed abroad, unless
indeed he is or was within three months from the date of the
crime employed as a master seaman or apprentice on a British
ship. 2 A British subject, however, can be tried here for
treason, 8 murder and manslaughter, 4 bigamy, 5 certain offences
against the Foreign Enlistment Act, 1870, 6 the Official Secrets
Act, 1911, 7 and other minor statutes, 8 and any offence punish-
able as perjury or subornation of perjury, 9 although such
offences were committed abroad.
1 Per Lord Halsbury in Macleod v. Att-Oen. for New South Wales, [1891] A. C. at
p. 458.
2 57 & 68 Vict. c. 60, s. 687.
8 35 Hen. VIII. c. 2 ; 5 & 6 Bdw. VI. c. 11, s. 4.
1 24 & 25 Vict. c. 100, s. 9.
5 lb., s. 57.
6 33 & 34 Vict. c. 90, pout, p. 171.
i 1 &2 Geo. V. c. 28, s. 10 ; post, pp. 152, 153.
8 See, for instance, 45 Geo. III. c. 85, s. 1 ; 52 Geo. III. c. 104, s. 7 ; 52 Vict.
c. 10 s. 9.
'
9 Perjury Act, 1911 (1 & 2 Geo. V. c. 6), s. 8.