HC Deb 19 January 1998 vol 304 cc404-5W
Mr. Blunt

To ask the Secretary of State for Defence what is the administrative and judicial relationship between the Army Prosecuting Authority and the Lord Chancellor. [23730]

Mr. George Robertson

The post of Army Prosecuting Authority, which operates under the general superintendence of the Attorney-General, has no administrative, judicial or any other relationship with the Lord Chancellor. It is, of course, quite proper for the APA to give consideration to a legal issue which arises in any given case, whatever the source, including the Lord Chancellor, that alerts him to it.

Mr. Blunt

To ask the Secretary of State for Defence who is the current head of the Army Prosecuting Authority; and what are his other duties. [23732]

Mr. George Robertson

Major General Risius is, having been appointed by HM The Queen, the Prosecuting Authority for the Army. He is also the Director of Army Legal Services and, as such, is the most senior Army lawyer.

Mr. Blunt

To ask the Secretary of State for Defence to whom the Army Prosecuting Authority reports. [23731]

Mr. George Robertson

The Army Prosecuting Authority is subject to the general superintendence of the Attorney-General. The APA is independent of, and cannot be directed by, the military chain of command on cases he is asked to consider. The military authorities are informed on a case by case basis of decisions taken by the Army Prosecuting Authority.

Mr. Blunt

To ask the Secretary of State for Defence what account the Army Prosecuting Authority takes of the opinions of the Lord Chancellor in determining whether or not to conduct a prosecution. [23735]

Mr. George Robertson

The Army Prosecuting Authority operates under the general superintendence of the Attorney-General. The decision whether or not to prosecute a case referred to the Army Prosecuting Authority is made on the realistic prospect of obtaining a conviction based on the available evidence, and whether a prosecution is in the public and Service interest. These tests are essentially the same as those applied by the Crown Prosecution Service. It is of course, quite proper for the APA to give consideration to any legal issue which arises in a given case, whatever the source that alerts him to it.