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Army: Advice of Attorney-General

My Lords, it was not transferred from the military jurisdiction because the effect of the Army Act was that as the commanding Army officer having dismissed the charge, the case could not proceed through the military system. That was the whole point. There it is and I want to move on. I must say a word about the Evans case, which was raised by the noble and learned Lord, Lord Lyell of Markyate. Given the time and the points that I still want to make, I need to write to the noble and learned Lord about that case. I want to emphasise the following points. First, it was not a case that was strictly brought under the code for Crown prosecutors, because it was a military prosecution in a court martial, and was not brought in a civilian court. Secondly, I am assured by the Army Prosecuting Authority that it carefully considered the strength of the case and received advice from independent leading counsel that supported its view. Thirdly, it often happens when cases come to court—goodness me, that is one of the reasons we have a justice system—that evidence which looked acceptable at one stage turns out not to be acceptable. It is much better that the courts decide that, than leaving it to prosecutors, however eminent, to make that decision. Fourthly, the Judge Advocate General said that there was sufficient evidence that there had been an assault, that a man had died in the course of it, and that that had happened as a result of something done by someone within Corporal Evans’ group. The issue upon which he thought that the case could not go any further was whether there was acceptable evidence of joint enterprise. That was a narrow but critical point in the case.