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Armed Forces Bill

The powers of punishment that a commanding officer should be able to impose have been very carefully considered by the Ministry of Defence. In determining that 90 days should be the maximum period of detention that a commanding officer can impose, we sought to balance the needs of each of the services, to avoid any unnecessary increase in the numbers of courts martial and to ensure fairness to individuals who face charges. Summary justice has the distinct advantage of providing a speedy but fair outcome for an accused person. However, we have also included significant protections in the exercise of these powers. In particular, the power to impose any period of detention that is greater than 28 days will require a commanding officer to get agreement from higher authority. The accused will know before a hearing whether the commanding officer has been given such authority. There will also be a universal right to elect; there will be an automatic right to appeal; and sentences of detention will not begin until the time for an appeal has elapsed or an appeal has been heard, unless the accused agrees to the detention starting before then. Under Clause 294, those sentenced to service detention may be held in service custody, but not detained in prison. Modern transportation and the availability of service custody facilities for temporary accommodation mean that it would never be necessary to accommodate someone in a civil prison—and there are no longer any military prisons. Amendment No. 162, which provides for this, is therefore unnecessary. I hope that the noble Earl feels able not to press his amendments following my explanations.