HC Deb 10 November 1958 vol 595 cc10-1W
77. Mr. Nabarro

asked the Secretary of State for War how many days elapsed between the arrest on grounds of absence without leave of ex-Corporal Stanley James Munday, Royal Hampshire Regiment, serving in Cyprus on twelve years' Regular engagement and temporarily in Great Britain on compassionate leave visiting his critically ill mother, and the date ex-Corporal Munday appeared before a court-martial; whether he is aware that the Judge Advocate referred to this is a period of frustrating confinement; whether it was taken into account when reviewing the sentence of three years' imprisonment and discharge with ignominy; and, having regard to public disquiet, what steps he proposes to take to review the matter.

Mr. Soames

Corporal Munday had been under arrest for 42 days awaiting trial for absence without leave when, on 9th September, further offences were committed. He appeared before a court-martial on 8th and 9th October. The time which an accused person has spent on arrest awaiting trial is always taken into account by the court-martial and the reviewing authority. In this case the sentence of three years imprisonment was reduced on review by six months. Corporal Munday has now entered an appeal against his conviction. If that appeal is unsuccessful, the sentence will be reviewed, in the normal course, at intervals during its progress.

In the debate on the Army Act on the 6th November (Col: 1128) I made a statement on the general question of the time taken in bringing soldiers to trial.