Military justice system to be overhauled

The government has announced plans to overhaul the military criminal justice system, with the publication of a new Armed Forces Bill.

Under the new proposals, a single military discipline system will be created, which will cover the Royal Navy, Army and Royal Air Force.

The new measures also include plans to introduce a universal right to elect trial by court martial; the introduction of a single court martial system and a tri-service prosecuting authority; and modernisation of a list of offences unique to service law and the system of service internal inquiries.

Commanding Officers would also have to ensure that matters were “appropriately investigated” and that serious matters were reported to the service police or the independent Director of Service Prosecutions.

The grievance procedure for members of the armed forces would also be streamlined under the plans.

Under Secretary of State for Defence, Don Touhig, stressed that the proposals had not been drawn up in reaction to trials arising from operations in Iraq, which he said had "been reported so extensively in the media in recent months".

Trooper Kevin Williams was cleared of murder in a civilian court, after shooting dead a man while on patrol in Iraq. The case was dismissed by Trooper Williams' commanding officer, meaning that a court martial could not be held, but the decision was overturned by the Attorney General, leading to an investigation by Scotland Yard.

Mr Touhig said: “The current military justice system is effective, but it needs to be brought up to date. We need a separate system of law for the Armed Forces. Of that there is no doubt.

"The Bill will provide a single modern system of service law for the first time, harmonising the many different aspects in each of the services. In doing so, it will help enhance operational effectiveness. It will make life easier for those in joint units. And, importantly, it will ensure that service personnel involved in the same military operation are subject to the same system of discipline.

"Discipline is essential, and we depend on service law to enforce it. A fighting force that cannot obey orders and display self-control in peacetime will not stand up to the much more demanding circumstances of operations."

(KMcA/SP)