Courts Martial (Hansard, 18 March 2002)

§ 38. Mr. Robathan
To ask the Secretary of State for Defence if he will make a statement on future changes to the court martial system and their implications for military discipline. [40936]

§ Mr. Ingram
Court martial procedures are kept under review. We are considering whether any changes will be required when the three service discipline Acts are replaced by a single piece of discipline legislation covering all the services. We are also assessing what modifications may be necessary as a result of the recent judgment of the European Court of Human Rights in the case of Morris v. the United Kingdom. Any changes will reflect the need for service discipline to underpin operational effectiveness.

§ Mr. McNamara
To ask the Secretary of State for Defence how many cases were brought before courts martial in each of HM armed services in the most recent year for which figures are available; if he will break down these cases by(a) the nature of charges brought and (b) verdicts delivered; and what estimate he has made of cases which could feasibly have been considered by a civilian court. [41100]

§ 7 Mr. Ingram
The statistics requested are given in the following list for each of the services, and cover the year 2000.
61W
Royal Navy (inc. Royal Marines) 53 court-martial trials involving 56 accused persons facing 114 alleged offences. 39 of the accused were convicted on one or more charges. 16 were acquitted of all charges brought against them. The trial of one individual saw the court dissolved and the case returned for summary dealing. The types of charges involved were:

29 cases of theft

23 cases of assault

11 cases of actual bodily harm

9 cases of falsification of documents

9 cases of drunkenness

6 cases of dishonestly obtaining

5 cases of conduct prejudicial

4 cases of disobedience to standing orders

4 cases of absence without leave

3 cases of indecent assault

2 cases of fighting

2 cases of possession of drugs

2 cases of damage to property

2 cases of negligent performance of duty

1 case of disobedience to lawful commands

1 case of sexual harassment

1 case of sleeping on watch.

Army 409 court-martial trials involving 455 accused persons facing 980 alleged offences. 373 of the accused were convicted on 817 offences. 82 were acquitted on 163 offences. The type of charges involved were:

192 cases concerned with forms of violent crime

100 cases of absence without leave and/or desertion

66 cases of theft

34 cases concerned with forms of sexual crime

18 cases of drunkenness and/or driving under the influence of alcohol

7 cases of drugs possession

4 cases of drugs supply

3 cases of criminal damage

31 cases involving a range of offences.

Note: The Army record only the most serious of the alleged offences faced by an individual at a court martial trial. Therefore the breakdown of types of charges totals only 455, i.e. one charge per defendant.
Royal Air Force 62 court-martial trials involving 81 accused persons facing 102 alleged offences. 45 of the accused were convicted on 62 offences.21 were acquitted on 23 offences. 15 individuals had their trials, concerning 17 offences, discontinued. 62W The types of charges involved were:

28 cases concerned with forms of violent crime

15 cases concerned with forgery, deception and false accounting

11 cases of disobeying orders

8 cases of theft

8 cases concerned with false information and statements

8 cases of conduct to prejudice of Air Force discipline

5 cases of absence without leave or failure to attend for duty

5 cases of indecent assault

4 cases of disorderly or disgraceful conduct

3 cases concerning damage to property

2 cases of negligent performance of duty

2 cases of drunkenness

2 cases concerned with drugs offences

1 case of causing death by drunken driving.

The ordinary courts do not have jurisdiction to try service disciplinary offences or, in most cases, offences committed outside the United Kingdom. Service courts are able to deal with all but the most serious criminal cases in the UK and are able to bring to bear a full appreciation of the impact of an offence committed in a service environment. The benefit of transferring the most serious criminal cases to the ordinary courts allows a balance to be maintained between the military and civilian judicial systems.

§ Mr. McNamara
To ask the Secretary of State for Defence what research has been commissioned to look at alternative arrangements, compliant with the Human Rights Act 1998, for military discipline; and what estimate he has made of the limitations there are on the use of criminal courts. [41099]

§ Mr. Ingram
The arrangements for administering discipline in the armed forces are kept under review, including with a view to their remaining compatible with the European Convention on Human Rights. Changes are made where necessary, to reflect the requirements of the Convention and also to keep in step with appropriate developments in the civilian justice system.
This flexible approach to service discipline procedures is considered to be preferable to greater use of the civilian criminal courts. Generally, civilian courts are less likely that service courts to process a full appreciation of the importance of discipline to the operational effectiveness of the armed forces and of the possibility that an offence committed in a service environment may have even more serious implications that a similar offence in civilian life. Moreover, civilian courts do not have jurisdiction to try service disciplinary offences. Nor in most cases do civilian courts in the United Kingdom have jurisdiction in respect of offences alleged to have been committed overseas by service personnel or civilians accompanying them. The worldwide application of service law is particularly important for mobile forces that need to be able to maintain discipline, as a key to operational effectiveness, wherever they are deployed. The ability of service courts to try alleged offences committed outside the United Kingdom can also be a useful means of ensuring that the accused are dealt with in British courts and in accordance with a system of British law, rather than in foreign courts where the language, law and procedures may be unfamiliar to them.
63W

§ Mr. McNamara
To ask the Secretary of State for Defence if he will set out the changes that have been made to the provisions for courts martial contained within the Army Act 1955 to bring the framework for military discipline into line with Article 6 of the European Convention of Human Rights; and what the principal findings of the European Court on 26 February were. [41097]

§ Mr. Ingram
The Armed Forces Act 1996 made extensive changes to the court martial system in all three services, intended to reinforce the independence of the courts and those making decisions concerning court proceedings, and to make the procedures as a whole compatible with Article 6 of the European Convention on Human Rights, which concerns the right to a fair hearing.
The main changes wereThe replacement of the convening officer, who previously had the key role in deciding whether charges should be preferred against an individual, in appointing court martial members, and in confirming court martial findings and sentences. The convening officer's functions were divided between higher authorities, who take a preliminary view on whether court martial proceedings are appropriate for cases that are referred to them by commanding officers; prosecuting authorities independent of the service chain of command, who decide whether to prosecute and what charges should be brought; and court administration officers, whose responsibilities include the selection of court martial members, drawn from a different command to that of the accused. The introduction of a requirement that the membership of every court martial should include a judge advocate appointed by the Judge Advocate General or the Chief Naval Judge Advocate. The judge advocate acquired an enhanced role, so that his advice on points of law is binding on the court and he has a vote on sentence. The introduction of a simpler process of review of court martial findings and sentences (in the Army and RAF, replacing post-trial confirmation). Any changes resulting from review are intended not to worsen the position of the accused. The extension of the right of appeal to include appeal against sentence as well as against finding. The extension of the right for an accused to choose to be tried by court martial, rather than being dealt with summarily.
The judgment of the European Court of Human Rights on the case of Morris v. the United Kingdom, published on 26 February, included the observation that these changes had gone a long way to meeting its concerns about the structure of the court martial system. The court also found that there was no violation of Article 6 of the Convention arising from the relationship between the chain of command and those involved in court martial proceedings.
However, it found that there had been a violation of Article 6 as regards aspects of Mr. Morris's trial by court martial in 1997, namely the potential for undue external influence over certain members of the court martial panel; and the procedures involving non-judicial authorities in the review of court martial findings and sentences. We are assessing the implications of these aspects of the judgment.