Further memorandum from the Ministry of
Defence
Further information requested following the
evidence session on 2 February 2005[33]
Q 156. The average waiting time for a case
to go to court martial in each of the three Services (2004)
The time waiting for a case to go to court martial
is taken from the date that court martial is directed by the Prosecuting
Authority.
ROYAL NAVY
138.8 days
ARMY
89 days
RAF
98 days
Q 161. The number of cases changed by the
review procedure for court martial finding and sentence in 2004
in each of the three Services
ROYAL NAVY
In 2004, the Reviewing Authority reviewed 63
trials. 21 cases were changed on review, in 15 of which the finding
was quashed as a direct result of the judgement of the Court Martial
Appeal Court (CMAC) in the case of Dundon[34]In
the remaining six cases the sentence was changed.
ARMY
In 2004, the Reviewing Authority reviewed 522
trials. Sentence was changed in 31 cases and in a further case
the finding was quashed and a retrial authorised.
RAF
In 2004 the Reviewing Authority reviewed 45
trials. Sentence was changed in six cases.
Q 164. The number of current judge advocates
(if any) who will have to step down as a result of the proposal
to increase the minimum qualification for the appointment to seven
years.
None
33 Ev 20. Back
34
The CMAC took into account the judgment of the ECtHR in the case
of Grieves (Application no. 57067/00 Strasbourg, 16 December
2003) and held that trial by uniformed judge advocate breached
article 6 of the ECHR. Changes to RN procedures including through
the Naval Discipline Act 1957 (Remedial) Order 2004 which provides
for the appointment of civilian judge advocates by the Judge Advocate
of the Fleet, himself a civilian, are now in effect. Having determined
the breach, the CMAC held that the appellant's conviction should
be regarded as unsafe. They could not envisage any circumstances
in which an article 6 breach arising from want of independence
and impartiality in the tribunal would possibly lead to the conclusion
that the conviction was safe. The CMAC expressed the opinion that
in those pre-Grieves cases awaiting review, "it seems
likely that this court will quash any convictions confirmed on
review". Back
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