My Lords, I declare an interest as chairman of the Association of Military Court Advocates. I am very grateful to the Minister for the meeting that we had at lunchtime today, and I hope that there will be many more such meetings during the passage of the Bill. I was...

My Lords, I declare an interest as chairman of the Association of Military Court Advocates. I am very grateful to the Minister for the meeting that we had at lunchtime today, and I hope that there will be many more such meetings during the passage of the Bill. I was...

My Lords, I support everything that my noble friend has said. I take this first opportunity to defend my family name, which the noble Lord, Lord Henley, referred to in the previous debate. I suspect that he was thinking of the case of Stephen William George Collins, reported in 1972,...

My Lords, I support everything that my noble friend has said. I take this first opportunity to defend my family name, which the noble Lord, Lord Henley, referred to in the previous debate. I suspect that he was thinking of the case of Stephen William George Collins, reported in 1972,...

In support of the Minister’s position, although I do not entirely agree with it, one can see the anomalies that can arise, as he pointed out. What if there was a fight between a member of the Air Force and a member of the Army? I come from a garrison...

In support of the Minister’s position, although I do not entirely agree with it, one can see the anomalies that can arise, as he pointed out. What if there was a fight between a member of the Air Force and a member of the Army? I come from a garrison...

I wonder whether the Minister would agree not to move that amendment at this stage. I think that my noble friend Lord Garden indicated that he wished to consider the amendment, which was tabled rather late, and would return to the matter on Report. We would welcome the opportunity to...

I wonder whether the Minister would agree not to move that amendment at this stage. I think that my noble friend Lord Garden indicated that he wished to consider the amendment, which was tabled rather late, and would return to the matter on Report. We would welcome the opportunity to...

From a practical point of view, such a manual is very much needed. There is no readily available volume which is updated, as the noble Lord, Lord Astor, said and which is comprehensive. It would greatly assist lawyers as well as officers in the field to have the law comprehensively...

From a practical point of view, such a manual is very much needed. There is no readily available volume which is updated, as the noble Lord, Lord Astor, said and which is comprehensive. It would greatly assist lawyers as well as officers in the field to have the law comprehensively...

I am grateful for the Minister’s assurance in relation to the civilian status of the judge advocates. I accept his explanation and will not pursue my amendment. So far as the Government’s amendment is concerned, I welcome the ability of the Lord Chief Justice to nominate, at the request of...

I am grateful for the Minister’s assurance in relation to the civilian status of the judge advocates. I accept his explanation and will not pursue my amendment. So far as the Government’s amendment is concerned, I welcome the ability of the Lord Chief Justice to nominate, at the request of...

moved Amendment No. 184: After Clause 356, insert the following new clause- ““JUDGE ADVOCATES The Judge Advocate General, judge advocates and deputy judge advocates shall not be subject to service law.”” The noble Lord said: This amendment is inspired by the report of the House of Lords and House of...

moved Amendment No. 184: After Clause 356, insert the following new clause- ““JUDGE ADVOCATES The Judge Advocate General, judge advocates and deputy judge advocates shall not be subject to service law.”” The noble Lord said: This amendment is inspired by the report of the House of Lords and House of...

I welcome the provisions for preliminary hearings as to plea, which is very important in saving time. It will be appreciated that courts martial do not come into existence until they are convened. It has therefore been very difficult to take a binding plea before that step. We now more...

I welcome the provisions for preliminary hearings as to plea, which is very important in saving time. It will be appreciated that courts martial do not come into existence until they are convened. It has therefore been very difficult to take a binding plea before that step. We now more...

Amendment No. 172, tabled in my name, is grouped with Amendment No. 171, although it deals with an entirely different subject. It deals with an issue raised by Nicholas Blake QC in the Deepcut review. Recommendation No. 30 of that review was that there should always be an inquest or,...

Amendment No. 172, tabled in my name, is grouped with Amendment No. 171, although it deals with an entirely different subject. It deals with an issue raised by Nicholas Blake QC in the Deepcut review. Recommendation No. 30 of that review was that there should always be an inquest or,...

My amendment includes in subsection (2): "““In determining the appropriate sentence, the judge advocate shall consult the members of the Court Martial””." I do not suggest that the judge advocate should sentence on his own, as he would in the Crown Court, without consulting the members of the court martial...

My amendment includes in subsection (2): "““In determining the appropriate sentence, the judge advocate shall consult the members of the Court Martial””." I do not suggest that the judge advocate should sentence on his own, as he would in the Crown Court, without consulting the members of the court martial...

First, if the Minister is to provide us with details of successful appeals on sentence to the Court of Appeal, it would not give a fair picture unless we also saw the number of occasions on which the reviewing authority had altered a sentence. We need to look at that...

First, if the Minister is to provide us with details of successful appeals on sentence to the Court of Appeal, it would not give a fair picture unless we also saw the number of occasions on which the reviewing authority had altered a sentence. We need to look at that...

Save for the fact that I think this is an important issue which should be on the face of the Bill, the noble Lord and I are obviously after the same thing. Therefore, I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. Schedule 8 agreed to. Clauses 272...

Save for the fact that I think this is an important issue which should be on the face of the Bill, the noble Lord and I are obviously after the same thing. Therefore, I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. Schedule 8 agreed to. Clauses 272...

moved Amendment No. 156A: Page 219, line 11, at end insert- ““After section 36C insert- ““36D APPEAL AGAINST ORDERS RESTRICTING PUBLICITY ETC. (1) A person aggrieved may appeal to the Court Martial Appeal Court, if that court grants leave, against- (a) an order under section 4 or 11 of the...

moved Amendment No. 156A: Page 219, line 11, at end insert- ““After section 36C insert- ““36D APPEAL AGAINST ORDERS RESTRICTING PUBLICITY ETC. (1) A person aggrieved may appeal to the Court Martial Appeal Court, if that court grants leave, against- (a) an order under section 4 or 11 of the...

Members of the Committee will appreciate from the speeches I made yesterday that I am against this amendment. An opportunity is being lost completely to restructure the court martial system. We ought to have a system of justice that is concerned with convicting those who are guilty and protecting those...

Members of the Committee will appreciate from the speeches I made yesterday that I am against this amendment. An opportunity is being lost completely to restructure the court martial system. We ought to have a system of justice that is concerned with convicting those who are guilty and protecting those...

moved Amendment No. 133: Page 78, line 5, at end insert- ““( ) for the preparation and delivery of standard briefing notes to the prospective members of the court;”” The noble Lord said: I see that in today's groupings list this amendment has been included in the first group. I...

moved Amendment No. 133: Page 78, line 5, at end insert- ““( ) for the preparation and delivery of standard briefing notes to the prospective members of the court;”” The noble Lord said: I see that in today's groupings list this amendment has been included in the first group. I...

Will the Minister bear in mind that I have not, as yet, got to Amendment No. 156A? Again, this seems to have appeared in the groupings list this morning, and I will speak to it in its turn. It appears that I am to reply to the Minister on the...

Will the Minister bear in mind that I have not, as yet, got to Amendment No. 156A? Again, this seems to have appeared in the groupings list this morning, and I will speak to it in its turn. It appears that I am to reply to the Minister on the...

moved Amendment No. 140: After Clause 164, insert the following new clause- ““SENTENCING (1) The sentence passed by the Court Martial shall be determined by the judge advocate. (2) In determining the appropriate sentence, the judge advocate shall consult the members of the Court Martial.”” The noble Lord said: This...

moved Amendment No. 140: After Clause 164, insert the following new clause- ““SENTENCING (1) The sentence passed by the Court Martial shall be determined by the judge advocate. (2) In determining the appropriate sentence, the judge advocate shall consult the members of the Court Martial.”” The noble Lord said: This...

I do not suggest for a moment that there is gross failure in the current system, but we do not require juries to determine sentences in the civil courts. In military courts, however, we are saying in effect that the jury determines the sentence. My experience is far less than...

I do not suggest for a moment that there is gross failure in the current system, but we do not require juries to determine sentences in the civil courts. In military courts, however, we are saying in effect that the jury determines the sentence. My experience is far less than...

The noble and learned Lord, Lord Mackay, for whose contribution I am very grateful, brings to mind the fact that until now there has been a reviewing authority; certainly it was condemned by the European Court. The reviewing authority has had the power to change sentences from time to time,...

The noble and learned Lord, Lord Mackay, for whose contribution I am very grateful, brings to mind the fact that until now there has been a reviewing authority; certainly it was condemned by the European Court. The reviewing authority has had the power to change sentences from time to time,...