§ 32. Mr. Berryasked the Secretary of State for War in how many cases in the last four years have officers and/or other ranks been kept under arrest for 100 days or over without being brought to trial; and in how many of these cases have the charges been ultimately dropped.
§ Mr. ShinwellInformation in the form asked for in the Question could only be produced, if at all, after a great deal of research, which I do not consider would be justified. I will, however, circulate in the OFFICAL REPORT certain information which is readily available about cases which have occurred from last August onwards.
Following is the information.
In the last eight months there have been 261 cases in which officers and men have been kept in some form of arrest awaiting trial for over 90 days. Of these 261 cases 30 have not yet been completed and of the remainder 10 were dropped, three as a result of the sickness of the accused and seven either because witnesses were found to be unavailable or because it was established on further investigation that the accused had no charge to answer.
§ 33. Mr. Berryasked the Secretary of State for War if it is the practice of the War Department when the charge against an officer or other rank has been dropped to admit or to refuse to admit his innocence.
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§ Mr. ShinwellThe question whether an officer or other rank charged with an offence under the Army Act has been proved guilty of it is one for the tribunal before whom he is tried. If the evidence fails to establish guilt, the tribunal has no option but to acquit him, as it is a presumption of law that a person charged with crime is innocent until the contrary is proved.
If, before trial, the charge is withdrawn the question as to whether the accused is guilty or innocent of the charge remains undecided, and it would be improper for my Department to express any opinion on the matter.