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Armed Forces Bill

The noble Earl, Lord Attlee, has helpfully explained the present position, in which the judge advocate will indicate the maximum and the minimum tariffs and the scope for discretion. The noble Viscount, Lord Slim, has explained how the president—if not the other members, but possibly them as well—will have experience of courts martial in previous cases. However, I find it difficult to see how that matches the enormous experience of sentencing of even the most junior, part-time judges in our civil courts and the Crown Court—recorders—let alone the experienced judges at the Old Bailey and elsewhere. They have not only been on numerous sentencing weekends and courses but have developed enormous experience in individual cases. Surely there is no comparison between the occasional experience of military and naval officers in courts martial and the experience of those who conduct sentencing in our civil courts. There is a certain logic, simplicity and clarity about the proposals of the noble Lord, Lord Thomas of Gresford, which, as he said, are also the proposals of the Judge Advocate General himself, Judge Blackett—namely, that the panel, the military officers, whether by a simple majority or, as others suggest, more than that, determine guilt and then someone else, the judge advocate in the court martial, determines sentence from the much greater experience that he will have over any likely president or member of the court martial. I see a great deal of merit in moving towards that division or distinction of responsibility. It is most notable that the Judge Advocate General, with his experience over a very long period in the services, has come up with something that he must know will not be easily accepted by those who reach the highest office in the armed services. We should take that view very seriously indeed and, if the noble Lord does not press his amendment today, no doubt he will bring it back.