5. Mr. Gresham Cookeasked the Secretary of State for War if he will reconsider the sentence of three years' imprisonment passed in August on Gunner B. C. Smith by a court martial as a result of an incident at Duisburg in June 1963, with a view to reducing his term of imprisonment.
§ Mr. RamsdenThe sentence was reviewed by the Army Council on 17th December, 1963, and no change was found to be justified. Under the Army Act, 1955, sentences are reconsidered at regular intervals and the next reconsideration of Gunner Smith's sentence will take place very shortly.
Mr. Gresham CookeWill my right hon. Friend bear in mind that this trouble arose over a birthday party for
§ ances to take account of where they are serving.
§ Mr. WallAs these people are doing the same work, surely they should receive the same pay as part of the British Army in Germany.
§ Following is the information:
§ my constituent at Duisburg and that he has always maintained that the trouble was started not by him but by a lance-bombardier and that the regimental sergeant major struck him first? Is not three years' imprisonment excessive for a young man's brawl on the night of his birthday party?
§ Mr. RamsdenAll these factors were brought out in evidence at the trial and then considered. A reduction in sentence is always considered on the occasion of the review to which I have referred, taking account of all circumstances, including the prisoner's conduct since sentence. I cannot, of course, anticipate the result of a reconsideration of sentence, but I will draw the attention of the reviewing officer to my hon. Friend's remarks.
§ Mr. H. HyndDid I understand the right hon. Gentleman to say that on appeal the prisoner's conduct since sentence is taken into consideration? Is not that a very undesirable principle?
§ Mr. RamsdenI said that the prisoner's conduct is taken into consideration, and that has always been the practice.