Military Custody (Hansard, 24 June 1992)

§ Ms. Abbott
To ask the Secretary of State for Defence what was the number of persons in the year ended 28 February 1991 who have died in military custody, and from what cause,(a) in the United Kingdom and (b) outside the United Kingdom.

§ Mr. Archie Hamilton
None.

§ Ms. Abbott
To ask the Secretary of State for Defence what facilities are available to persons in military custody(a) in the United Kingdom and (b) outside the United Kingdom to get legal aid and advice.

§ Mr. Archie Hamilton
In the United Kingdom, when someone is interviewed by the service police, that person is entitled to advice from a civilian solicitor in accordance with the Police and Criminal Evidence Act (PACE) 1984 and the relevant code of practice. If the matter is to be dealt with by court martial, the person may apply for legal aid by way of civilian professional assistance in accordance with a legal aid scheme that is administered by the Ministry of Defence. A person held in military custody but to be tried in a civil court can apply for civil legal aid through the civil courts.
Outside the United Kingdom it is normal practice for officers of the legal services to perform the role of a civilian solicitor when a person is interviewed by service police under PACE. The military legal aid scheme is available overseas in the same way as it is within the United Kingdom, although it is extended to cover alleged offences, tried by criminal courts, committed on or off duty. The legal aid scheme is available to all ranks and to members of the civilian component and dependants.