Armed Forces Bill

I welcome the support for the amendment and the considered comments that have been made—based, in the case of the hon. Member for Newark (Patrick Mercer), on considerable experience. I aim to deal with the concerns expressed in the debate. I recognise the concern about ensuring that cases best dealt with by the court martial remain within the services system. As the Attorney-General explained in the other place, the Bill includes provisions to prevent a reoccurrence of the unfortunate case of Trooper Williams, to which the hon. Member for Aldershot (Mr. Howarth) referred, where a matter considered and excluded from prosecution in the military system was then considered within the civilian system. Under clause 126, when the Director of Service Prosecutions has considered a case, he will be able to direct that there shall be no further proceedings in the civilian system as well as in the service system. The Attorney-General also recognised—I entirely agree—that only in exceptional circumstances would a case arising from operational circumstances be dealt with by the UK civilian courts. It remains possible, however, to envisage circumstances in which that might still be viewed as appropriate. Let me give the House an example. While on operations abroad, perhaps during peacekeeping, a British soldier and some British civilians abroad are alleged to have committed murder. The Director of Service Prosecutions could look into relevant factors such as whether civilians were themselves subject to law and whether the offence related to possible other criminal activity in the UK. I can imagine that the DSP might want to seek the Attorney-General’s advice in such a case and the decision taken could be that it should be handled in the UK civilian courts. That is fully consistent, however, with the DSP having the decision in a case that he has considered on whether to preclude further proceedings. On the hon. Member for Newark’s question about when the Attorney-General’s discretion arises, the prosecuting authority is free to seek his view and ask for a decision at any time before the prosecuting authority reaches a decision. If he decides to prosecute, he makes a direction under clause 126.