HC Deb 08 March 1915 vol 70 cc1212-3

Considered in Committee.

[Mr. WHITLEY in the Chair.]

Question proposed, "That Clause I stand part of the Bill."

The UNDER-SECRETARY of STATE for WAR (Mr. Tennant)

This Bill is founded upon a proposal made by Field-Marshal the Commander-in-Chief, and the principle which it establishes is that a sentence of penal servitude or imprisonment passed on a man who has been tried when on active service, may, in certain circumstances, be suspended. During the term of suspension the man may return to his unit, and by good conduct earn a remission of the suspended sentence. It is suggested on the one hand that if the sentence is carried out, it would undoubtedly deprive the fighting forces of the man's services. On the other hand, many crimes for which penal servitude may be awarded, arise from temporary causes, such as temporary physical exhaustion, or loss of nerve. It would be quite easy to see whether or not suspension was justified. In any case, the provisions of the Bill are purely permissive, and if the experiment were found not to give satisfaction, the military authorities would abandon the powers given them by the Bill.

Mr. TYSON WILSON

I should like to know whether the Bill would apply to a case which I had brought to my notice on Saturday last. A private soldier went over with the first draft of men who were sent to France, took part in six or seven general engagements, was in six bayonet charges, had the misfortune to be taken suddenly ill on the march, fell out of the ranks, was found by a Belgian farmer, and was taken to the farmer's house. Twelve days passed before he got back to his regiment. He took part in the fighting for another fourteen days. He was then court-martialled, sentenced to twelve months' hard labour, and is at the present time in Woking prison. Would a sentence like that be cancelled or reduced under this Bill, or would the man have an opportunity of proving that he fell out because he was unable to continue? It was not a case of desertion in any shape or form. It seems to me that the Bill is absolutely necessary if it will deal with such a case as that. According to the evidence given to me, this man has not had the opportunity which he ought to have had of putting his case before the authorities.

Mr. TENNANT

It seems to me that the case referred to is eminently one that would be dealt with under the provisions of this Bill. Of course, I am unable to speak positively in regard to the exact case. Court-martials are held, and obviously should be held, upon such cases. I hope that an injustice has not been done. In any case, the provisions of the Bill seem to me to be applicable to the case which the hon. Member has brought to our notice.

Question put, and agreed to.

Bill reported, without Amendment; read the third time, and passed.

The remaining Orders were read, and postponed.