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Proceeding contribution from Lord Drayson (Labour) in the House of Lords on Wednesday, 11 October 2006. It occurred during Debate on bill and Committee of the Whole House (HL) on Armed Forces Bill.


Armed Forces Bill

moved Amendment No. 93A: Page 60, line 21, leave out ““or”” The noble Lord said: In moving AmendmentNo. 93A, I will also speak to Amendments Nos. 93B, 94, 94A, 94B and 139A. Let me set these amendments in context. Up to now, we have been dealing with the way in which the military criminal justice system deals with the most serious offences, including those committed on operations. The integrity of the system is essential to the confidence in which it is held. At one extreme, as we have already discussed, a soldier who acts within the rules of engagement and whose actions are reasonable can be confident that he will be found to have acted within the law. So if he kills somebody in those circumstances, he will not be guilty of murder. It is just as important that a soldier has confidence in the summary discipline system, which, of course, will continue to deal with some 95 per cent of all service offences. Part of that confidence comes from knowing that he can exercise his right to elect trial by the court martial and that there will be no disincentive to do so. These are minor amendments that ensure that there is no ambiguity in the provisions that relate to where an accused elects trial by the court martial. I have written to noble Lords about these amendments and trust that, given the reassurance that they will further protect the accused’s position, the Committee will accept them. I beg to move. On Question, amendment agreed to.


Secondary information

Type
Proceeding contribution
Reference
685 c339 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Disciplinary proceedings Discipline Crime Alcoholic drinks Courts Armed forces Arrests Conduct Deployment Aircraft Courts martial Civilians Certification Defence equipment Evidence Eligibility Jurisdiction Drugs Maladministration Misconduct Powers Membership Prosecutions Misuse Public opinion Officers Low flying Young people Trials Rules of procedure Rules of engagement
Legislation
Armed Forces Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk