Pardon for Soldiers of the Great War Bill

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Session 2000-2001
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Pardon for Soldiers of the Great War Bill

A
B I L L
TO
Provide for the granting of pardons to soldiers of the British Empire Forces executed during the Great War of 1914 to 1919 following conviction for offences of cowardice, desertion or attempted desertion, disobedience, quitting post, violence, sleeping at post, throwing away arms or striking a superior officer; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Eligibility for pardon.     1. - (1) Any person (an "eligible person") who in the Great War of 1914 to 1919-

(a) served in the British Empire Forces,

(b) was convicted by a court martial of one or more of the offences set out in subsection (2) below or any of these offences together with any other offences,

(c) was judicially executed following such conviction, and

(d) is listed in Schedule 1 to this Act or is deemed to have been so listed in accordance with subsection (3) below

     shall be eligible for a pardon in accordance with the provisions of this Act in respect of any offence referred to in subsection (2) below.

    (2) The offences referred to in subsection (1) above are cowardice, desertion, attempted desertion, disobedience, quitting post, violence, sleeping at post, throwing away arms and striking a superior officer.

    (3) The Secretary of State may by order provide that any person not listed in Schedule 1 whom he believes on sufficient evidence otherwise to qualify as an eligible person shall be deemed to have been so listed and shall for all purposes be treated as if he was an eligible person within the meaning of this section.

Procedure for pardon.     2. - (1) An eligible person or a person so treated by virtue of subsection (3) of section 1 above shall be pardoned of any offence referred to in subsection (2) of section 1 above if the Secretary of State makes an order to that effect in accordance with the provisions of this section.

    (2) An order under subsection (1) above may be made-

(a) in accordance with the provisions of subsection (3) below, or

(b) after the Secretary of State has submitted to each House of Parliament a statement under section 4(b) below that he intends to make such an order in a particular case.

    (3) The Secretary of State shall, within three months of this Act coming into force, do one of the following, that is to say-

(a) make an order under subsection (1) above in respect of every eligible person and any person so treated by virtue of subsection (3) of section 1 above, or

(b) make an order referring the case of every eligible person and any persons so treated by virtue of subsection (3) of section 1 above to the tribunal established under section 3 below.

    (4) If the Secretary of State has made an order under subsection (3) above and subsequently makes an order under subsection (3) of section 1 above, he shall within seven days of making that order-

(a) if he made an order under subsection (3)(a) above, make an order under subsection (1) above in respect of any person to whom the order under subsection (3) of section 1 above relates, or

(b) if he made an order under subsection (3)(b) above, make an order referring the case of any person to whom the order under subsection (3) of section 1 above relates to the tribunal established under section 3 below.

The Pardons Tribunal.     3. - (1) Before making an order under section 2(3)(b) above, the Secretary of State shall appoint a tribunal, to be known as the Pardons Tribunal ("the Tribunal").

    (2) The Tribunal shall consist of not less than three nor more than five persons who are serving, or have served as judges of the High Court, the High Court of Justiciary or of any higher Court, together with not more than two other persons appointed by the Secretary of State under subsection (3) below.

    (3) The Secretary of State may by order appoint to the Tribunal not more than two persons who are serving or have served in the judiciary of Canada or New Zealand whose status is in the opinion of the Secretary of State equivalent to that of persons appointed under subsection (2) above.

    (4) Before making any appointments to the Tribunal the Secretary of State shall consult the Lord Chancellor, the Lord Justice General and any other persons or bodies he considers appropriate in all the circumstances.

    (5) The Tribunal shall review the case of each eligible person referred to it and shall submit to the Secretary of State-

(a) a report on each case, and

(b) a recommendation as to whether the person should be granted a pardon under the provisions of this Act.

    (6) A report under subsection (5)(a) and a recommendation under subsection (5)(b) above shall each deal only with one case.

    (7) Schedule 2 shall have effect in relation to the Tribunal.

Reports of Tribunal to be laid before Parliament.     4. A copy of each report under section 3(5) above shall be laid before each House of Parliament by the Secretary of State within one month of its submission together with-

(a) any observations of the Secretary of State on the report,

(b) a statement as to whether the Secretary of State proposes to make an order under section 2(1) above, and

(c) if the statement referred to in subsection (1)(b) above is not in accordance with the recommendation of the Tribunal, the reasons why it is not so in accordance.

Effect of pardon.     5. A pardon under section 2 above shall-

(a) unless this section otherwise requires, have similar effect to a pardon granted in exercise of the Royal Prerogative,

(b) be deemed to remove or, as the case may be, nullify any degradations and penalties imposed in connection with the relevant offences, and

(c) not have any effect on any existing financial rights or obligations of any dependant or of the Secretary of State.

Powers of the Secretary of State.     6. - (1) The Secretary of State may-

(a) take such reasonable steps as he considers appropriate in all the circumstances to promote the memory and esteem of any person granted a pardon under section 2 above, and

(b) make such payments as he considers reasonable in all the circumstances to any dependant of any such person.

    (2) Before determining the amount of any payment to be made under subsection (1)(b) above, the Secretary of State may consult such persons as appear to him to be representative of ex-servicemen's organisations, or to have expertise in the law, history of the Great War, welfare services or the provision of pensions as he considers appropriate.

Financial provisions.     7. There shall be paid out of money provided by Parliament any expenses of the Secretary of State incurred in consequence of this Act.

Orders.     8. - (1) The power to make an order under any provision of this Act shall be exercisable by statutory instrument.

    (2) A copy of an order made under subsections (1) or (3) of section 2 above shall be laid before each House of Parliament.

Commencement.     9. - (1) This Act shall come into force when the Secretary of State has made a statement to the effect that in his view the provisions of the Act are compatible with the Convention rights.

    (2) In this section "Convention rights" has the meaning given in the Human Rights Act 1998.

© Parliamentary copyright 2001
Prepared 4 April 2001

Pardon for Soldiers of the Great War Bill

	A B I L L TO Provide for the granting of pardons to soldiers of the British Empire Forces executed during the Great War of 1914 to 1919 following conviction for offences of cowardice, desertion or attempted desertion, disobedience, quitting post, violence, sleeping at post, throwing away arms or striking a superior officer; and for connected purposes. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
Eligibility for pardon.	1. - (1) Any person (an "eligible person") who in the Great War of 1914 to 1919-
	(a) served in the British Empire Forces,
	(b) was convicted by a court martial of one or more of the offences set out in subsection (2) below or any of these offences together with any other offences,
	(c) was judicially executed following such conviction, and
	(d) is listed in Schedule 1 to this Act or is deemed to have been so listed in accordance with subsection (3) below
	shall be eligible for a pardon in accordance with the provisions of this Act in respect of any offence referred to in subsection (2) below.
	(2) The offences referred to in subsection (1) above are cowardice, desertion, attempted desertion, disobedience, quitting post, violence, sleeping at post, throwing away arms and striking a superior officer.
	(3) The Secretary of State may by order provide that any person not listed in Schedule 1 whom he believes on sufficient evidence otherwise to qualify as an eligible person shall be deemed to have been so listed and shall for all purposes be treated as if he was an eligible person within the meaning of this section.
Procedure for pardon.	2. - (1) An eligible person or a person so treated by virtue of subsection (3) of section 1 above shall be pardoned of any offence referred to in subsection (2) of section 1 above if the Secretary of State makes an order to that effect in accordance with the provisions of this section.
	(2) An order under subsection (1) above may be made-
	(a) in accordance with the provisions of subsection (3) below, or
	(b) after the Secretary of State has submitted to each House of Parliament a statement under section 4(b) below that he intends to make such an order in a particular case.
	(3) The Secretary of State shall, within three months of this Act coming into force, do one of the following, that is to say-
	(a) make an order under subsection (1) above in respect of every eligible person and any person so treated by virtue of subsection (3) of section 1 above, or
	(b) make an order referring the case of every eligible person and any persons so treated by virtue of subsection (3) of section 1 above to the tribunal established under section 3 below.
	(4) If the Secretary of State has made an order under subsection (3) above and subsequently makes an order under subsection (3) of section 1 above, he shall within seven days of making that order-
	(a) if he made an order under subsection (3)(a) above, make an order under subsection (1) above in respect of any person to whom the order under subsection (3) of section 1 above relates, or
	(b) if he made an order under subsection (3)(b) above, make an order referring the case of any person to whom the order under subsection (3) of section 1 above relates to the tribunal established under section 3 below.
The Pardons Tribunal.	3. - (1) Before making an order under section 2(3)(b) above, the Secretary of State shall appoint a tribunal, to be known as the Pardons Tribunal ("the Tribunal").
	(2) The Tribunal shall consist of not less than three nor more than five persons who are serving, or have served as judges of the High Court, the High Court of Justiciary or of any higher Court, together with not more than two other persons appointed by the Secretary of State under subsection (3) below.
	(3) The Secretary of State may by order appoint to the Tribunal not more than two persons who are serving or have served in the judiciary of Canada or New Zealand whose status is in the opinion of the Secretary of State equivalent to that of persons appointed under subsection (2) above.
	(4) Before making any appointments to the Tribunal the Secretary of State shall consult the Lord Chancellor, the Lord Justice General and any other persons or bodies he considers appropriate in all the circumstances.
	(5) The Tribunal shall review the case of each eligible person referred to it and shall submit to the Secretary of State-
	(a) a report on each case, and
	(b) a recommendation as to whether the person should be granted a pardon under the provisions of this Act.
	(6) A report under subsection (5)(a) and a recommendation under subsection (5)(b) above shall each deal only with one case.
	(7) Schedule 2 shall have effect in relation to the Tribunal.
Reports of Tribunal to be laid before Parliament.	4. A copy of each report under section 3(5) above shall be laid before each House of Parliament by the Secretary of State within one month of its submission together with-
	(a) any observations of the Secretary of State on the report,
	(b) a statement as to whether the Secretary of State proposes to make an order under section 2(1) above, and
	(c) if the statement referred to in subsection (1)(b) above is not in accordance with the recommendation of the Tribunal, the reasons why it is not so in accordance.
Effect of pardon.	5. A pardon under section 2 above shall-
	(a) unless this section otherwise requires, have similar effect to a pardon granted in exercise of the Royal Prerogative,
	(b) be deemed to remove or, as the case may be, nullify any degradations and penalties imposed in connection with the relevant offences, and
	(c) not have any effect on any existing financial rights or obligations of any dependant or of the Secretary of State.
Powers of the Secretary of State.	6. - (1) The Secretary of State may-
	(a) take such reasonable steps as he considers appropriate in all the circumstances to promote the memory and esteem of any person granted a pardon under section 2 above, and
	(b) make such payments as he considers reasonable in all the circumstances to any dependant of any such person.
	(2) Before determining the amount of any payment to be made under subsection (1)(b) above, the Secretary of State may consult such persons as appear to him to be representative of ex-servicemen's organisations, or to have expertise in the law, history of the Great War, welfare services or the provision of pensions as he considers appropriate.
Financial provisions.	7. There shall be paid out of money provided by Parliament any expenses of the Secretary of State incurred in consequence of this Act.
Orders.	8. - (1) The power to make an order under any provision of this Act shall be exercisable by statutory instrument.
	(2) A copy of an order made under subsections (1) or (3) of section 2 above shall be laid before each House of Parliament.
Commencement.	9. - (1) This Act shall come into force when the Secretary of State has made a statement to the effect that in his view the provisions of the Act are compatible with the Convention rights.
	(2) In this section "Convention rights" has the meaning given in the Human Rights Act 1998.