HC Deb 22 January 1990 vol 165 cc563-4W
Mr. Blunkett

To ask the Secretary of State for Defence what is the average term of imprisonment imposed on service men found guilty of being absent without leave over the last five years.

Mr. Archie Hamilton

There have been no cases in recent years of a court-martial awarding imprisonment for absence without leave. The usual punishment is military detention, which is a form of corrective training, with or without dismissal from Her Majesty's service.

Mr. Blunkett

To ask the Secretary of State for Defence what rights of appeal there are for service men found guilty of being absent without leave.

Mr. Archie Hamilton

A soldier found guilty of absence without leave may present a petition against finding and/or sentence to the confirming officer before confirmation. After confirmation, he has the further right to present a petition to the reviewing authority in respect of finding or sentence or both. Finally, he has the right to petition against finding to the Army Board of the Defence Council as a first step to having his case heard by the courts-martial appeal court. A soldier who is convicted by court-martial is required by Queens Regulations to be given a pamphlet explaining his rights of petition and appeal. Comparable appeal arrangements exist for the other two services.