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Proceeding contribution from Lord Astor of Hever (Conservative) in the House of Lords on Thursday, 12 October 2006. It occurred during Committee of the Whole House (HL) and Debate on bill on Armed Forces Bill.


Armed Forces Bill

moved Amendment No. 132: Page 78, line 3, at end insert- ““( ) Court Martial rules must make provision for the majority of the Court Martial panel to be drawn from the defendant's own service.”” The noble Lord said: There is nothing in the Bill to ensure that the majority of a court martial panel should be drawn from the defendant’s own service. I understand that there are differences of opinion on this issue. For example, the former Chief of the General Staff, General Sir Mike Jackson, said in evidence to the Select Committee on this Bill in another place that he would prefer to see a defendant tried by a panel drawn from the defendant’s own service. On the other hand, the Judge Advocate General stated a preference for mixed-composition panels. Officials in the MoD confirm that the default position for cases involving a single service offence is that a panel should be drawn from a defendant’s own service. They also indicate that the MoD will come forward with proposals about situations in which the panel is an appropriate arrangement. I would welcome an update from the Minister on how far these proposals have been developed. This issue is of such importance that something must be in the Bill. In support of this, I quote the recommendation of the Select Committee of another place, which stated at paragraph 86 that, "““there should be a presumption for single service panels unless there is good reason for mixed panels””." I beg to move.


Secondary information

Type
Proceeding contribution
Reference
685 c363-4 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Complaints Disciplinary proceedings Children Compensation Armed forces Death Convictions Aircraft Courts martial Desertion Coroners Employment Equality Drugs Harassment Judges International law Qualifications Powers Membership Prosecutions Misuse Staff Officers Prerogative of mercy Miscarriages of justice Military law Military aircraft Sentencing Young people Reserve forces Testing Rules of procedure World War I Time limits Trial in camera
Legislation
Armed Forces Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk