HC Deb 18 July 1939 vol 350 cc161-2
21. Mr. T. Williams

asked the Secretary of State for War whether his attention has been called to the case of J. Futcher, of Sunnyside, Parton, Wiltshire, who was run down by a motor vehicle, on 13th May, which was driven by a member of the Royal Army Service Corps; that the case of careless or dangerous driving was withdrawn from the civil court and dealt with by the military authorities; under what authority this was done; and whether a report of the proceedings will be made available to the injured person?

Mr. Hore-Belisha

The police withdrew the summons on being informed that the soldier had been summarily dealt with by the Officer Commanding the Divisional Royal Army Service Corps, who was unaware that police proceedings were pending. As the case was dealt with summarily, there is no report of the proceedings, except that the soldier was charged with negligent driving and failing to report an accident, and was awarded 168 hours detention.

Mr. Williams

Can the right hon Gentleman say on what authority the military authorities can deal with a case of this description, to the exclusion of the case being dealt with in a civil court? Is he aware that for compensation purposes whenever a case is dealt with in a civil court the injured person or his representative can claim a copy of the proceedings?

Mr. Hore-Belisha

The commanding officer, as I have said, was not aware that any proceedings were being taken in a civil court. In the circumstances he punished the man as being one of his men. The police: on learning of this did not continue any proceedings against him. Normally, such a case as this would be tried before a civil court.

Mr. Williams

Will the right hon. Gentleman reply to the last part of the question, and will he insist that in future the military authorities shall not deal summarily with such a case but shall allow the proceedings to be taken in a civil court?

Mr. Hore-Belisha

I have said that, normally, proceedings would be taken by the civil authority. In this case some days had elapsed and the commanding officer was not aware that any proceedings were being taken. If he had been, he would not have tried the case summarily. The hon. Member may rest assured that the normal procedure would be for the civil court to take proceedings in the ordinary way. In regard to the last part of the question, I think I answered that specifically in the original reply. There is no report of the proceedings except the charge and the sentence.