HC Deb 24 June 1992 vol 210 cc228-9W
Ms. Abbott

To ask the Secretary of State for Defence what was the number and description of courts martial, convened for the trial of persons subject to military law in the Army in the United Kingdom in the year ended 28 February 1991.

Mr. Archie Hamilton

There were 442 district courts martial and 24 general courts martial.

Ms. Abbott

To ask the Secretary of State for Defence what was the number and description of courts martial convened outside the United Kingdom for the trial of persons, including civilians, subject to military law in the year ended 28 February 1991.

Mr. Archie Hamilton

District courts martial, 385; general courts martial, 21.

Ms. Abbott

To ask the Secretary of State for Defence how many offences the death penalty is available to an Army court martial in respect of accused persons, including civilians,(a) in the United Kingdom in time of peace and (b) outside the United Kingdom in peacetime or wartime.

Mr. Archie Hamilton

The Army Act 1955 provides for the death penalty in the United Kingdom and overseas for the following offences: assisting the enemy; serious misconduct in action; obstructing operations; mutiny; and failure to suppress mutiny.

This applies to any person, service man or civilian, subject to the Act. It is the policy, however, that such sentences should never be carried out in peacetime.

Ms. Abbott

To ask the Secretary of State for Defence what directions are given to officers convening courts martial to inform the news media of the time and place at which a courts martial in the Army is to be held; and what is the practice followed.

Mr. Archie Hamilton

All Army headquarters convening courts martial are to compile weekly a list of forthcoming trials and this is to be posted at least 24 hours —48 hours in the case of the British Army of the Rhine (BAOR)—before the time of the first trial mentioned. The lists are posted at, or in the vicinity of, the headquarters in a place which is accessible to the public. Also the news media can contact the Ministry of Defence press desk to ascertain the time and place of a specific courts martial.

Ms. Abbott

To ask the Secretary of State for Defence what are the maximum powers of minor punishment which can be inflicted by commanding officers or company commanders in the Army on officers, warrant officers, non-commissioned officers and other ranks, without the defendant having any right to elect trial by court martial.

Mr. Archie Hamilton

The maximum powers are:Commanding Officer

  • Officers—Severe Reprimand
  • Warrant Officers—Severe Reprimand
  • Non-Commissioned Officers—Severe Reprimand
  • Other Ranks—Admonition, Restriction of Privileges

Company Commanders

  • Junior Non-Commissioned Officers—Reprimand
  • Other Ranks—Admonition, Restriction of Privileges

Ms. Abbott

To ask the Secretary of State for Defence what are the maximum powers of summary punishment which can be inflicted by commanding officers in the Army on officers, warrant officers, non-commissioned officers, other ranks and civilians subject to military law subject to the right of the defendant to elect trial by court martial.

Mr. Archie Hamilton

The information is as follows:

  • Officers—forfeiture of seniority.
  • Warrant officers—fine of up to 28 days pay.
  • Non-commissioned officers—fine of up to 28 days pay.
  • Other ranks—60 days detention.
  • Civilian—fine of up to £100.