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Proceeding contribution from Lord Thomas of Gresford (Liberal Democrat) in the House of Lords on Tuesday, 31 October 2006. It occurred during Debate on bill on Armed Forces Bill.


Armed Forces Bill

had given notice of his intention to move Amendment No. 57: Page 77, line 33, leave out from ““charge”” to end of line 39 and insert ““need not be unanimous if- (a) in a case where there are not less than seven members of the court, five of them agree on the finding; and (b) in a case where there are five members of the court, four of them agree on the finding. (2) The judge advocate shall not vote on the finding. (3) Where the finding of the Court Martial is guilty, the judge advocate shall not accept the finding unless the President has stated in open court the number who respectively agreed to and dissented from the finding. (4) The judge advocate shall not accept a non-unanimous finding under subsection (1) unless it appears to him that the members of the Court Martial have had such a period of time for deliberation as the judge advocate thinks reasonable having regard to the nature and complexity of the case.”” The noble Lord said: My Lords, although I have already spoken to the amendment, I wish to reply to the Minister’s comments. It is unfortunate that the Government have not taken the opportunity of bringing in proper majority verdicts. I do not accept the Minister’s reasons on this matter. Majority verdicts would give much more confidence to the public and to those in the services in knowing that where serious charges are brought, carrying with them sentences of life imprisonment, more than a simple majority of officers and warrant officers in a court martial should be required. A great opportunity has been missed. Perhaps I may comment briefly on the court martial centre in Scotland. I know that my friend and colleague, Mr Gilbert Blades, frequently visits Kinloss and Lossiemouth. It might have been in one of those camps that the officers’ mess was used for a court martial and an officer was brought before the judge on a contempt of court charge for using the judge advocate’s lavatory. I thought that I would share that with your Lordships. [Amendment No. 57 not moved.] Clause 163 [Court Martial rules]: [Amendments Nos. 58 and 59 not moved.] Clause 308 [Sections 305 and 306: supplementary]: [Amendment No. 60 not moved.] Clause 336 [Composition and procedure of service complaint panels]:


Secondary information

Type
Proceeding contribution
Reference
686 c229 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Complaints Disciplinary proceedings Disclosure of information Criminal proceedings Discipline Crime Alcoholic drinks Detainees Armed forces Age Conduct Deployment Courts martial Civilians Desertion Certification Defence equipment Jurisdiction Drugs International law Membership Prisoners Misuse Life imprisonment Officers Sentencing Tribunals Young people Rules of engagement
Legislation
Armed Forces Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk