HC Deb 11 December 1984 vol 69 cc411-2W
Mr. Tom Cox

asked the Secretary of State for Defence what is the number of (a) service men and (b) service women at present being held in custody by the British Army in the United Kingdom.

Mr. Lee

The position on 30 November 1984 was that 46 service men and no service women were being held in custody (as distinct from detention) in Army unit guardrooms in the United Kingdom while under investigation or awaiting trial or confirmation of sentence.

Mr. Tom Cox

asked the Secretary of State for Defence what is the period of time a member of the British Army can be held in custody by the Army before being charged with an offence.

Mr. Lee

Army personnel would normally be informed by their commanding officer of the charge on which they are being held by no later than 48 hours from the time of being taken into custody. If in exceptional circumstances they cannot be informed within 48 hours, a report has to be submitted to the superior military authority explaining the delay.

Mr. Tom Cox

asked the Secretary of State for Defence if he will list the rights of service men to consult solicitors if they are being held in detention by the British Army.

Mr. Lee

A service man being held in custody by the Army has the following rights of consultation with a solicitor.

  1. (a) he may name a solicitor as the person he wishes to be informed by the Army of his arrest and the place where he is being held.
  2. (b) provided that the investigation or prevention of crime, the apprehension of offenders or military operations, safety and security would not be unreasonably hindered, he may Telephone a solicitor at his own expense or receive telephone calls from him at reasonable times.
  3. (c) with the commanding officer's permission he may be visited by a solicitor.