Armed Forces Discipline Bill [H.L.]

Part of the debate – in the House of Lords at 4:03 pm on 29th November 1999.

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Photo of Lord Mayhew of Twysden Lord Mayhew of Twysden Conservative 4:03 pm, 29th November 1999

My Lords, does the noble and gallant Lord agree that Clause 12, which provides that a court martial shall not impose a more severe sentence than the commanding officer could impose in the case of election for trial by court martial, goes quite beyond and against the Police and Criminal Evidence Act 1984? Crown Courts can of course impose higher sentences than magistrates. That is not something required by the convention on human rights and is itself likely to encourage elections for trial by court martial rather than by commanding officers--which surely must be deleterious. Does the noble and gallant Lord agree, or is that a false point?