§ 96. Mr. Kershawasked the Secretary of State for War under what section of the Army Act Corporal Brian Edward Ford, Royal Signals, was charged at his court-martial; what his sentence was; how long Corporal Ford was under arrest before trial; whether such period counts towards sentence; whether Corporal Ford has appealed against sentence; whether Corporal Ford will be restored to rank and duties pending such appeal; and if he will make a statement.
§ Mr. SoamesCorporal Ford was charged under Section 69 of the Army Act. He pleaded guilty and was sentenced to nine months detention and to be reduced to the ranks. He presented 49W a petition against the sentence to the confirming authority, who reduced the period of detention, and the reviewing authority, the Commander-in-Chief Middle East Land Forces, has now waived it altogether. The sentence now is reduction to the ranks.
Corporal Ford was under arrest for eight days awaiting trial, which period does not count towards sentence but is taken into consideration by the court aand confirming and reviewing authorities. Soldiers are not restored to rank or duty pending the outcome of a petition against sentence.
§ Mr. Mellishasked the Secretary of State for War what consideration he is giving to Army court-martial procedure, with particular reference to recent cases of sentences imposed on Corporal Munday and Corporal Ford.
§ Mr. SoamesThe only feature which these cases had in common was that the sentences imposed by the courts-martial were reduced on review. It is an important safeguard attaching to all military trials that the proceedings are subject to the confirmation of higher authorities; and the accused soldier has the right to petition those authorities if he believes that his sentence is too severe. There are other safeguards, including the legal review of all court proceedings and the right of appeal against conviction under the Courts-Martial (Appeals) Act, 1951, and I have no reason to doubt the fairness of the existing procedure.