Written question asked by Lord Robathan (Conservative) on Monday, 7 November 2005, in the House of Commons. It was due for an answer on Thursday, 10 November 2005. It was answered by Mike O'Brien (Labour) on Thursday, 10 November 2005 on behalf of the Solicitor General.

Parachute Regiment (Prosecutions)

Question: To ask the Solicitor-General whether the Attorney-General was consulted by the Army Prosecution Authority before the prosecution of the seven recently acquitted members of the Parachute Regiment took place; and if he will make a statement.

Answer: The Army Prosecuting Authority took the decision that there should be prosecutions in this case. As three of the accused were no longer serving soldiers it was not possible to prosecute them by court martial without the express consent of the Attorney-General, in accordance with section 132A of the Army Act 1955. The APA sought the Attorney-General's views on the appropriate jurisdiction and his consent to prosecute those three soldiers advising that they considered that there was a realistic prospect of conviction against all the accused on a joint charge of murder and a second charge of violent disorder.The Attorney-General accepted the advice that there was sufficient evidence for a realistic prospect of conviction and granted his consent to the prosecution of the three soldiers as required. He did not provide advice on the case.

Secondary information

Type: Written question
Reference: 27055; 439 c685-6W;439 c685-6W
Session: 2005-06
Subjects: Armed forces Army Attorney General Iraq Prosecutions Peacekeeping operations Army Prosecuting Authority Parachute Regiment
Link: View this Written question on www.publications.parliament.uk