Written question asked by Lord Campbell of Alloway (Conservative), in the House of Lords. It was answered by Lord Drayson (Labour) on Monday, 7 November 2005.

Ministry of Defence: Case of Trooper Williams

Question: Why in the case of Trooper Williams resort was sought to the concurrent jurisdiction by the Director of Armed Legal Services, after the charge had been dismissed by the commanding officer on the Ministry of Defence Senior Legal Adviser Branch’s advice that there was no case to answer.

Answer: Acting on legal advice provided by an army legal service officer, Trooper Williams’ commanding officer dismissed the charge against him, and did not refer the case to higher authority with a view to trial by court martial. That decision prevented the case being tried in the military justice system.Following further consideration, and again with the benefit of legal advice from the Army Legal Service, senior army officers decided that the case should be referred to the Attorney-General for the question of a prosecution in a civilian court to be considered. This was possible given the concurrent statutory jurisdiction of the English civilian courts to try alleged homicide offences committed abroad by British subjects.

Secondary information

Type: Written question
Reference: 1936; 675 c61WA
Session: 2005-06
Subjects: Armed forces Civilians Jurisdiction Homicide Iraq Prosecutions Peacekeeping operations Military law Williams, Kevin
Link: View this Written question on www.publications.parliament.uk