§ Mr. ÖpikTo ask the Secretary of State for Defence (1) if he will make a statement on the review of the decision of the Army not to dismiss the soldiers associated with the death of Mr. Peter McBride in 1992; [118882]
(2) what, in ruling whether a soldier should be dismissed from the Army after having served a custodial sentence, is the definition of exceptional circumstances which would justify the dismissal being waived; and if he will make a statement; [118881]
(3) if it is the practice that soldiers convicted of serious charges relating to murder and who (a) are facing or (b) have served custodial sentences are dismissed from the Army; and if he will make a statement. [118880]
§ Mr. HoonThe decision of the Army Board to retain Guardsmen Fisher and Wright was recently subjected to judicial review. The Judgment of Mr. Justice Ken quashed the earlier decision of the Army Board. The Army Board is now obliged to consider afresh the case of the two Guardsmen. This will be a completely fresh consideration and the Board members who made the previous decision will not be involved this time. In considering the case the Board will, of course, take the fullest account of all the circumstances including the content of the Judgment.
Queen's Regulations (9.404) state that a soldier is to be discharged if he has been sentenced by a civil court (or by court-martial) to imprisonment or to detention or to any other form of custodial sentence.
Queen's Regulations (9.404) also state that if in the opinion of the Commanding Officer there are exceptional reasons that make the retention of the solider desirable, the case is submitted with valid and explicit reasons through the Chain of Command for a decision. There are 294W no specific exceptional reasons laid down: Commanding Officers make their recommendations solely on the circumstances of each individual case.