Published: 09 November 2006
Royal Assent to Pardons
The Armed Forces Act 2006, which has now received Royal Assent, harmonises and streamlines the discipline systems of the Royal Navy, Army and Royal Air Force and pardons over 300 soldiers including Private Harry Farr, who were executed in World War One.
The introduction of the pardon is intended to remove the dishonour of execution. It does not quash the convictions or sentences and as such does not apply to those convicted of murder. It recognises that execution was not a fate that the servicemen deserved.
The statutory pardon, after a long period of consideration was viewed as the best possible option to allow families of those executed to finally lay this matter to rest, as the surviving evidence is fragmented and does not allow a thorough review of the cases so long after the events.
Des Browne, the Secretary of State for Defence, said:
"This is not about rewriting history. I do not want to second guess decisions made by the commanders at the time.
I believe it is better to acknowledge that injustices were clearly done in some cases - even if we cannot say which - and to acknowledge that all these men were victims of war.
I hope that pardoning these men will finally remove the stigma with which their families have lived with for years."
The primary purpose of the Act is to harmonise & streamline the discipline systems of the Royal Navy, Army and Royal Air Force. This will be particularly beneficial in a joint operational environment such as Iraq and Afghanistan.
Derek Twigg, the Under Secretary of State, said:
"The Act will ensure that our Armed Forces have a modern military justice system. Having one set of clear laws and procedures removes any doubt as to which system service personnel are subject to.
"One of the key measures of the Act will be to introduce a Complaints Commissioner - who will hear complaints involving bullying and unacceptable behaviour.
This will improve the transparency of the military complaints process and raise confidence in our procedures."
The key changes in the Act include:
· Granting Commanding Officers in the three Services identical powers to deal with matters summarily.
They will retain discretion on how cases are handled except those that are inherently serious. These offences will be prescribed and will include murder, manslaughter and rape.
It is expected that around 95% of discipline cases will still be heard by COs through the summary hearing process.
· Creating a single independent Service Prosecuting Authority
· Replacing District and General Courts-Martial with a standing Court Martial
· A faster, more efficient Redress procedure with an independent member to sit on the Services Complaints Panel to deal with certain cases such as bullying and harassment.
A Complaints Commissioner will be appointed to hear complaints and allegations from service personnel and third parties.
The streamlined redress of complaint process means that most complaints will be dealt with by the Commanding Officer. If the Commanding Officer believes that it is inappropriate for them to deal with the case it will be referred to a Superior Officer or, if necessary, the Service Complaints Panel.
An independent member will sit on the Service Complaints Panel when it hears complaints concerning bullying and other forms of unacceptable behaviours. The independent member will not be a member of the Armed Forces or a Civil Servant.
A Service Complaints Commissioner will be able to receive allegations and complaints from Service personnel and members of the public.
The Commissioner will have the power to refer allegations & complaints concerning bullying and other forms of unacceptable behaviours to the chain of command.
The chain of command will then establish if the individual(s) concerned wish to make a complaint and make it clear to them how they can do so.
The Commissioner will also review the whole redress system for its effectiveness, fairness & efficiency and will provide an annual report to the Secretary of State who will lay it before Parliament.
· Replacing the various Boards of Inquiry with one single form of statutory Service Inquiry
Service personnel are, under Service law, subject to the criminal law of England and Wales irrespective of where they are serving and there is also a requirement for offences peculiar to Service life, such as absence, mutiny or desertion.
Having a separate military justice system also meets our obligation, under the Geneva Convention, for our Armed Forces.
The government claims that: ‘it is a large Bill, with 386 clauses, and a huge amount of detail on procedures & processes has yet to be finalised.
We also need to produce guidance material and provide training for service personnel.
As such the Bill will be fully implemented by the end of 2008’.
Further information
MoD – Armed Forces Bill (includes background material)
Armed Forces Act 2006 (will appear here shortly)
WWI Executions
Related article: Intention to pardon executed World War I soldiers
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