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Armed Forces Bill

moved Amendment No. 70: After Clause 60, insert the following new clause- ““TIME LIMIT FOR CHARGING SCHEDULE 2 OFFENCES (1) Where an investigation has been opened by the service police under the authority of the Director of Service Prosecutions into an alleged Schedule 2 offence, the Director shall, except as otherwise provided in this section, bring the case to court or withdraw it within one year of the opening of that investigation. (2) Where the Director has reasonable grounds for seeking an extension of time for the investigation and preparation of a case, he may, within one year of the opening of that investigation, apply to the court for an extension of time for that purpose. (3) On an application by the Director for an extension of time under subsection (2), the court may hear any related application on behalf of the defendant and shall grant an extension of not more than a further twelve months on such conditions as it considers appropriate. (4) In the event that the case is not brought to court before the conclusion of the period allowed (including any extension),the defendant may apply to the court to have the prosecution by the Director permanently stayed and for the case to be remitted to the commanding officer concerned for a summary hearing. (5) On the hearing of an application by the defendant under subsection (4), the court shall order accordingly. (6) For the purposes of this section a case shall be considered as ““brought to court”” on the day upon which the prosecution opens its case.”” The noble Lord said: The Minister has very helpfully written to me to point out the drawbacks of our amendment and we accept his points. I am therefore happy to withdraw the amendment if we receive an undertaking from the Minister at the Dispatch Box that the Government recognise the importance of avoiding unnecessary delay and are working hard on streamlining the process. The length of time that certain recent cases have taken to be brought to court is, I believe I can fairly say, universally abhorrent to all Members of your Lordships' House, as it is to the Armed Forces. I beg to move.