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Proceeding contribution from Geoffrey Cox (Conservative) in the House of Commons on Tuesday, 7 November 2006. It occurred during Debate on bill on Armed Forces Bill.


Armed Forces Bill

I want briefly to refer to the point made by my hon. Friend the Member for Aldershot (Mr. Howarth) about the Attorney-General. I, too, would be grateful for the Minister’s clarification on the precise scope and nature of the Attorney-General’s discretion once the matter of a prosecution has been commenced within the military system. Clearly, once that has happened the Director of Service Prosecutions has the discretion to direct no further prosecution, but at what stage of the proceedings would the Attorney-General’s discretion enter the picture? Once the commanding officer had been informed that there was to be a charge under clause 118 and it had been referred to the Director of Service Prosecutions, would the Attorney-General have the opportunity to intervene and to switch systems from military to civilian? Precisely how far must the case have progressed in the military system before the Attorney-General is prevented from entering deus ex machina, as it were, and switching it to a civilian court?


Secondary information

Type
Proceeding contribution
Reference
451 c801 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Complaints Disciplinary proceedings Disclosure of information Armed forces Convictions Courts martial Civilians Discharges Capital punishment Desertion Certification Defence equipment Powers Membership Staff Military police Officers Prerogative of mercy Sentencing World War I Service Civilian Court
Legislation
Armed Forces Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk