JUSTICE – SERGEANT DANNY NIGHTINGALE – 20 November 2012
Dr Julian Lewis: Did the police not decide that they did not wish to see a prosecution because no criminal intent was involved? Why should the military authorities take a different view?
[The Solicitor-General (Oliver Heald): There is a protocol that decides where these cases are tried. The advantage from the serviceman’s point of view of being dealt with by court martial is that it often does not result in loss of rank or dismissal. In this case, the court martial said it hoped it would be possible, first, for the sergeant to keep his rank, and, secondly, that he would not be dismissed from the service. Had it wished, it could have recommended the loss of rank and service, but it did not. That was the decision. ... ]
[For Julian's speech in this Debate, click here.]