HC Deb 22 June 1966 vol 730 c577
52. Mr. Doig

asked the Secretary of State for Defence if he will amend the Rules of Procedure made under Section 103 of the Army and Air Force Acts, 1955, to provide that a prisoner acquitted shall not suffer heavier costs than a prisoner honourably acquitted; and why he makes the distinction.

Mr. Merlyn Rees

No, Sir. An ex gratia payment in respect of costs may be made when the circumstances of an acquittal justify it. The distinction quoted by my hon. Friend is only one example of the cases in which such a payment may be made. Our practice in this respect is modelled as closely as possible on the practice of civil courts.

Mr. Doig

How many decisions is it 0possible to have from a court-martial? Is it possible to have an acquittal which is not an honourable acquittal?

Mr. Rees

It is possible to have an acquittal which is not an honourable acquittal.