Your Reference



Mr Paul Ashby [[FOI #25245 email]]		Our Reference: 04-01-2010-153702-002 Date: 20 January 2010

Dear Mr Ashby,

Thank you for your correspondence dated 31 December 2009 and 4 January 2010. The three questions you asked have been considered to be requests for information in accordance with the Freedom of Information (FOI) Act 2000. Two of the requests have been passed to my department and I have been asked to respond on behalf of the Royal Navy and Army. The Royal Air Force will reply separately.

You have asked the following question:

“Please state the name of any Royal Naval Officer and Army Officer Court Martialled in the last 10 years. Please state name, ranks, offence and outcome of the Court Martial.”

I have attached to this letter two Annexes which detail the number of Court Martial's conducted in the Royal Navy and Army. You will note that the names of individuals and some of the punishment details have been withheld as this information falls within the scope of the following exemption under the FOI Act: s.40 Personal Information.

I hope that you find the information provided helpful.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting. Any other reuse, for example commercial publication, would require the permission of the copyright holder. Most documents supplied by the Ministry of Defence will have been produced by government officials and will be Crown Copyright. You can find details on the arrangements for re-using Crown Copyright from the Office of Public Sector Information at: http://www.opsi.gov.uk/click-use/index.htm.

Information you receive which is not subject to Crown Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. You must ensure that you gain their permission before reproducing any third party (non Crown Copyright) information.

In keeping with the spirit and effect of the Freedom of Information Act, all information is assumed to be releasable to the public unless exempt. The MOD therefore will be simultaneously posting the information you requested, together with any related information that will provide a key to its wider context, in our online FOI Disclosure Log at http://www.foi.mod.uk.

If you are not satisfied with this response or you wish to complain about any aspect of the handling of your request, then you should contact me in the first instance. If informal resolution is not possible and you are still dissatisfied then you may apply for an independent internal review by contacting the Head of Corporate Information, 6th Floor, MOD Main Building, Whitehall, SW1A 2HB (e-mail [email address]). Please note that any request for an internal review must be made within 40 working days of the date on which the attempt to reach informal resolution has come to an end.

If you remain dissatisfied following an internal review, you may take your complaint to the Information Commissioner under the provisions of Section 50 of the Freedom of Information Act. Please note that the Information Commissioner will not investigate your case until the MOD internal review process has been completed. Further details of the role and powers of the Information Commissioner can be found on the Commissioner's website, http://www.ico.gov.uk.

I hope that you find this information satisfactory.

Yours sincerely

ANNEX A

FOI REQUEST - RN OFFICER COURTS MARTIAL 2000-2009

“Please state the name of any Royal Naval Officer Court Martialled in the last 10 years. Please state name, ranks, offence and the outcome of the Court Martial.”

In respect of the above mentioned FOI request, based upon data held by DCS Law, the Royal Navy is able to provide the following information:

2000

RANK	OFFENCE	OUTCOME
Lt	1 X Drunk onboard	Fined £800 - Reprimand - Consequential Penalties
Lt	1 X Drunk onboard	Fined £600 - Reprimand - Consequential Penalties
Lt	1 X Drunk onboard	Fined £500 - Reprimand - Consequential Penalties
Lt Cdr	1 x Negligence	Severe Reprimand - Fined £400 - Consequential Penalties
Lt	No Charges Recorded	Fined £800 - Reprimand - Consequential Penalties
Surg Lt (Female)	No Charges Recorded	Fined £500 Consequential Penalties
Cdr	Failure to Comply with Security Procedures - 2x Contravening JSP440 (Manual of Security)	Severe Reprimand - Consequential Penalties
Lt	1 x Wilful Disobedience to Lawful Command	Forfeit 3 years Seniority - Fined £1200 - Severe Reprimand - Consequential Penalties
Lt Cdr	1 x AWOL	Forfeit 2 years Seniority Severe Reprimand - Consequential Penalties
Lt Cdr	1 X Drunk onboard	Fined £900 - Severe Reprimand - Consequential Penalties
Lt (Female)	2x Assault - 1 x Drunk onshore	1 x Assault acquitted 1 x Assault Guilty - Guilty of Drunkenness - Dismissed XXXX - Fined £1500 - Placed on Bottom of Seniority List - Consequential Penalties

2001

RANK	OFFENCE	OUTCOME
Lt	1 x Disobedience t Lawful Command - 1 x Insubordinate Language	Forfeit all Seniority - Fined £750 - Severe Reprimand - Consequential Penalties
Lt Cdr	1 x Drunk onboard	Fined £600 - Severe Reprimand - Consequential Penalties
Lt Cdr	No Charges Recorded	Dismissal
Lt	1 x Leaving Place of Duty	Dismissed Ship -Forfeit all seniority as Lt - Consequential Penalties
Lt	Drunk onboard	Fined £500 - Severe Reprimand - Consequential Penalties
Lt	1 x Negligence	Severe Reprimand - Consequential Penalties
Cdr	1 x Negligence	Severe Reprimand - Consequential Penalties
Lt	1 x Sleeping on Watch	Forfeit 18 months Seniority as Lt - Severe Reprimand - Consequential Penalties
Lt	1 x Drunk onshore	Fined £600 - Reprimand - Consequential Penalties
Lt	1 x Drunk onshore	Forfeit all Seniority as Lt - Fined £1000 - Severe Reprimand - Consequential Penalties
Lt	Negligent performance of Duty	Reprimand - Consequential Penalties
Lt	Negligent performance of Duty	Reprimand - Consequential Penalties

2002

RANK	OFFENCE	OUTCOME
Lt Cdr	Negligent Performance of Duty	Reprimand - Consequential Penalties
Lt Cdr	Negligent Performance of Duty	Reprimand - Consequential Penalties
Lt	Negligent Performance of Duty	Reprimand - Consequential Penalties
Lt	1 x Assault	Acquitted
Lt	1 x Negligence -allowed Ship to be Grounded	Reprimand - Consequential Penalties
Capt	1 x allowing ship to be stranded	Reprimand - Consequential Penalties
Lt	Sleeping on watch	Forfeit 12 months Seniority - Fined £1000- Severe Reprimand - Consequential Penalties
Lt Cdr	Hazarding Ship by Negligence	Reprimand
Lt	1 x ABH	Fined £425- Put Under Stoppages of Pay to victim of £150 Reprimand - Consequential Penalties

2003

RANK	OFFENCE	OUTCOME
Lt	Negligent performing Duty	Loss of 1 yrs Seniority - Severe Reprimand
Lt Cdr	1 x Negligence - 1 x contravention of International Regulations	Severe Reprimand - Consequential Penalties
Lt	1 x Assault	Loss 23 months Seniority - Severe Reprimand
Lt	1 x Drunk onshore	Fined £600 - Reprimanded - Consequential Penalties
Lt Cdr	1 x Conduct prejudice	Forfeit 2 yrs Seniority - Severe Reprimand - Consequential Penalties
Lt	1 x Causing ship to be stranded	Dismissed ship - Consequential Penalties
Lt	1 x Causing ship to be stranded	Severe Reprimand - Consequential Penalties
Lt Cdr	Allowing ship to be stranded	Dismissed XXXXXX - Consequential Pens
Cdr	1 x Negligent performance of Duty	Reprimanded - Consequential Penalties

2004

RANK	OFFENCE	OUTCOME
Cdr	Allowing HMS to be Hazarded	Severe Reprimand - Consequential Penalties
Cdr	Allowing HMS to be Hazarded	Reprimanded - Consequential Penalties
SLt	Disobedience to lawful Command by Neglect	Fined £500
Maj (RM)	1 x Drunk onboard	Forfeit all seniority - Fined £2000 - Severe Reprimand
Lt	Assault by Beating	Forfeit all seniority - Fined 800

2005

RANK	OFFENCE	OUTCOME
Lt (Female)	5 x Neglect - 2 x Stealing	Forfeit all seniority - stoppages of pay £696.55 in favour of the MoD - Consequential Penalties
Lt	10 x Dishonestly obtaining Money	Accused failed to attend
Lt	Improperly leaving the ship	Reprimanded
SLt	1 x Harassment 1 x Sexual Assault	Fined £5000 - Severe Reprimand - Consequential Penalties

2006

RANK	OFFENCE	OUTCOME
Capt	5 x Ill Treatment	Acquitted
Capt	5 x Forgery - 5 x False Instrument + 44 TiC's	90 Days imprisonment - Dismissed with Disgrace ( After petition "with Disgrace" removed by NavSec)
Lt	14 x Theft - 5 x Obtaining Money by Deception - 1 x Falsifying Official Document	Dismissed HMS - Pay £856.76 to MoD - Consequential Penalties
Lt (Female)	1 x Fighting	Acquitted

2007 & 2008

Nil.

2009

RANK

OFFENCE

OUTCOME

1 x Drunkenness

Fined £1000

Please note that the RM officers listed were tried under the Naval Discipline Act 1957. Historically the majority of RM officers would be tried under the Army Act 1955 and will therefore be captured in the Army's statistics.
Names are withheld as agreed with DCDS Pers Sec.
Consequential penalties - Certain other penalties are or may automatically be involved in the award of particular sentences such as dismissal with disgrace, dismissal, imprisonment etc by virtue of various Orders in Council (loss of commission for an officer, for example) and these are covered by the words `and to suffer the consequential penalties involved'.
TiC's - Offences taken into consideration by the Court for sentencing purposes at the request of the Defendant.

Annex B

FOI REQUEST - ARMY OFFICER COURTS MARTIAL 2000-2009

“Please state the name of any Army Officer Court Martialled in the last 10 years. Please state name, ranks, offence and the outcome of the Court Martial.”

In respect of the above mentioned FOI request, based upon data held, the Army is able to provide the following information:

2000

RANK	OFFENCE	PLEA	SENTENCE
CAPT	Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say, unlawful wounding contrary to section 20 of the offences against the person act 1861.	Guilty	£2500 Fine & Put Under Stoppages of Pay (PUSP) of £1000
CAPT	Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say, assault occasioning actual bodily harm, contrary to section 47 of the offences against the person act 1861.	Not Guilty	Reprimand & PUSP of £1000.
LT	Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say driving a motor vehicle with breath alcohol above prescribed limit, contrary to section 5(1)(a) of the road traffic act 1988. Also, disobedience to a standing order contrary to section 36(1) of the Army act 1955.	Guilty	Forfeit 2.5 years seniority, £1800 fine and severe reprimand. (sentence mitigated on petition to be `fine of £1250 & severe reprimand')
MAJ	Committing a civil offence contrary to section 70 of the Army act 1955, that is to say theft contrary to section 1(1) of the theft act 1968.	Not Guilty	Acquitted
MAJ	Committing a civil offence contrary to section 70 of the Army act 1955, that is to say theft contrary to section 1(1) of the theft act 68.	Guilty	Dismissed Her Majesty's Service (HMS)
MAJ (V)	7 x charges of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say theft contrary to section 1(1) of the theft act 1968. 10 x charges of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say false accounting contrary to section 7(1)(a) of the theft act 1968. 3 x charges of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say evasion of liability by deception contrary to section 2(1)(a) of the theft act 1968. A further 11 offences of theft, 4 offences of evasion of liability by deception and 14 offences of false accounting were taken into consideration.	Guilty	Dismissed HMS, 3 months imprisonment

2001

RANK	OFFENCE	PLEA	SENTENCE
CAPT	3 x charges of battery - contrary to section 39 of the Criminal Justice Act 1988.	Not Guilty	Acquitted
CAPT	Negligently performing a duty contrary to section 29a(b) of the Army Act 1955.	Not Guilty	£1000 fine & reprimand
CAPT	Negligently performing a duty contrary to section 29a(b) of the Army Act 1955.	Not Guilty	Acquitted
CAPT	Total of 16 charges ranging from theft and intimidation, obtaining property/money transfer by deception, false accounting / furnishing false information and perverting the course of public justice.	Not Guilty	Found guilty of 10 of the charges. Dismissed HMS, 2 years imprisonment, PUSP £4299.84 (sentence mitigated on petition - PUSP for charge 13 quashed.)
CAPT	Conduct to the prejudice of good order and military discipline contrary to section 69 of the Army Act 1955. Disobedience to standing orders contrary to section 36(1) of the Army Act 1955.	Guilty	£50 fine
LT COL	Two charges of indecent assault contrary to section 14(1) of the sexual offences act 1956.	Not Guilty	Dismissed HMS, 28 days imprisonment
MAJ	Six charges of disgraceful conduct of an indecent kind contrary to section 66 of the Army Act 1955.	Not Guilty	Acquitted
MAJ	Conduct to the prejudice of good order and military discipline contrary to section 69 of the Army Act 1955.	Guilty	£2500 fine
MAJ	Three charges of ill treating a non-commissioned officer contrary to section 65(a) of the Army Act 1955.	Not Guilty	Acquitted
MAJ	Three charges of ill treating a non-commissioned officer contrary to section 65(a) of the Army Act 1955.	Not Guilty	Acquitted

2002

RANK	OFFENCE	PLEA	SENTENCE
CAPT	Disgraceful conduct of an indecent kind contrary to section 66 of the Army Act 1955. Committing a civil offence contrary to section 70 of the Army Act 1955 that is to say indecent assault contrary to section 14(1) of the sexual offences act 1956.	Not guilty	Acquitted
CAPT	Disobedience to standing orders contrary to section 36(1) of the Army Act 1955. Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say doing acts tending and intended to pervert the course of public justice.	Guilty	£500 fine
LT	Disobedience to standing orders contrary to section 36(1) of the Army Act 1955. Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say doing an act tending and intended to pervert the course of public justice.	Guilty	£500 fine
CAPT	Committing a civil offence contrary to section 70 of the Army Act 1955 that is to say battery contrary to section 39 of the criminal justice act 1988.	Not Guilty	Acquitted
LT	Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say unlawfully inflicting grievous bodily harm contrary to section 20 of the offences against the person act 1861.	Not Guilty	Acquitted
LT	Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say assault occasioning actual bodily harm contrary to section 47 of the offences against the person act 1861.	Not Guilty	Dismissed HMS
MAJ	Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say assault occasioning actual bodily harm contrary to section 47 of the offences against the person act 1861.	Guilty	Dismissed HMS, 6 months imprisonment
MAJ	Two charges of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say forgery contrary to section 1 of the forgery and counterfeiting act 1981.	Guilty	£1000 fine & severe reprimand
MAJ (V)	Disobedience to standing orders contrary to section 36(1) of the Army Act 1955. Conduct to the prejudice of good order and military discipline contrary to section 69 of the Army Act 1955.	Guilty	£2000 fine & severe reprimand

2003

RANK	OFFENCE	PLEA	SENTENCE
CAPT	9 x charges of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say indecent assault on a male person contrary to section 15(1) of the sexual offences act 1956.	Not Guilty	Found guilty on 7 charges, not guilty on 2 charges. Dismissed HMS
CAPT	3 x charges of misapplying public or service property contrary to section 45 of the Army Act 1955. 6 x charges of conduct to the prejudice of good order and military discipline contrary to section 69 of the Army Act 1955.	Guilty	6 months forfeiture of seniority & reprimand
CAPT	Two charges of disobedience to standing orders contrary to section 36(1) of the Army Act 1955. One charge of conduct to the prejudice of good order and military discipline contrary to section 69 of the Army Act 1955.	Guilty	Forfeit of all seniority as Capt & reprimand
CAPT	Two charges of disobedience to standing orders contrary to section 36(1) of the Army Act 1955.	Guilty	Fine £1400 & deprived 2 years seniority
LT	Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say assault occasioning actual bodily harm contrary to section 47 of the offences against the person act 1861.	Not Guilty	£1000 fine & severe reprimand
CAPT	9 x charges of conduct to the prejudice of good order and military discipline contrary to section 69 of the Army Act 1955. 1 x charge of disgraceful conduct of an indecent kind contrary to section 66 of the Army Act 1955.	Not Guilty	Found guilty on 7 charges, not guilty on 3 charges. Dismissed with disgrace from HMS & imprisonment for 112 days

2004

RANK

OFFENCE

PLEA

SENTENCE

CAPT

Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say battery contrary to section 39 of the criminal justice act 1988. Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say doing acts tending and intended to pervert the course of public justice.

Guilty

Dismissed HMS, imprisonment for 56 days

2005

RANK	OFFENCE	PLEA	SENTENCE
CAPT	Conduct to the prejudice of good order and military discipline contrary to section 69 of the Army Act 1955.	Guilty	Loss of 2 yrs seniority & £2000 fine
CAPT	Conduct to the prejudice of good order and military discipline contrary to section 69 of the Army Act 1955.	Guilty	Fine £450
CAPT	Three charges of disobedience to standing orders contrary to section 36(1) of the Army Act 1955. Three charges of conduct to the prejudice of good order and military discipline contrary to section 69 of the Army Act 1955.	Guilty	Fine £1000 & severe reprimand
CAPT	Negligently performing a duty contrary to section 29a(b) of the Army Act 1955.	Not Guilty	Loss of 18 months seniority, costs of £7000. (Sentence quashed on review.)
CAPT	Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say manslaughter.	Not Guilty	Acquitted
LT	Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say theft contrary to section 1(1) of the theft act 1968. Alternative charge of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say handling stolen goods contrary to section 22(1) of the theft act 1968.	Not Guilty	Acquitted
MAJ	Four charges of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say possession of an indecent photograph of a child contrary to section 160 of the criminal justice act 1988.	Guilty	Dismissed with disgrace from HMS & imprisonment for 56 days
MAJ	Conduct to the prejudice of good order and military discipline contrary to section 69 of the Army Act 1955.	Guilty	Fine £2000 & severe reprimand

2006

RANK	OFFENCE	PLEA	SENTENCE
CAPT (V)	Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say handling stolen goods contrary to section 22(1) of the theft act 1968.	Guilty	Dismissed HMS
CAPT	Negligently performing a duty contrary to section 29a(b) of the Army Act 1955.	Guilty	Fine £800, compensation £2000 & costs £200
MAJ	Four charges of disobedience to standing orders contrary to section 36(1) of the Army Act 1955.	Guilty	Fine £4000
MAJ	Making a false entry in an official document or record contrary to section 62(1)(b) of the Army Act 1955.	Guilty	Fine £500 & reprimand
COL	Negligently performing a duty contrary to section 29a(b) of the Army Act 1955.	Not Guilty	Acquitted

2007

RANK	OFFENCE	PLEA	SENTENCE
CAPT	Making a false entry in an official document contrary to section 62(1)(b) of the Army Act 1955.	Guilty	Reprimand
CAPT	Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say taking a conveyance without authority, contrary to section 12(1) of the theft act 1968. Making a false official document contrary to section 62(1)(a) of the Army Act 1955.	Guilty	£3891 fine & reprimand
CAPT	10 charges of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say making an indecent photograph of a child contrary to section 1(1)(a) of the protection of children act 1978.	Guilty	Dismissed HMS with disgrace, 2 years imprisonment
LT	Four charges of scandalous conduct unbecoming the character of an officer contrary to section 64 of the Army Act 1955.	Guilty	Dismissed HMS with disgrace
LT	Misapplying public or service property contrary to section 45 of the Army Act 1955.	Guilty	Fine £2000 & severe reprimand
MAJ	Negligently performing a duty contrary to section 29a(b) of the Army Act 1955.	Not Guilty	Acquitted
MAJ	One charge of dishonestly obtaining an electronic communication service with intent to avoid payment contrary to section 125 of the communications act 2003. One charge of misapplying public or service property contrary to section 45 of the Army Act 1955.	Guilty	Fine £5000 & severe reprimand
MAJ	Committing a civil offence contrary to section 70 of the army act 1955, that is to say, forgery contrary to section 1 of forgery and counterfeiting act 1981.	Not Guilty	Acquitted
MAJ	Four charges of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say sexual assault contrary to section 3(1) of the sexual offences act 2003.	Not Guilty	Found guilty on 1 charge and not guilty on 3 charges. Fine £2500, PUSP £2000, severe reprimand.

2008

RANK	OFFENCE	PLEA	SENTENCE
CAPT	Possession of drugs contrary to section 5(2) of misuse of drugs acts 1971. Supplying controlled drugs contrary to section 4(3)(a) of misuse of drugs act 1971.	Guilty	Dismissed HMS with disgrace, fine £4000
CAPT	Possession of a class A drug contrary to section 5(2) of misuse of drugs act 1971.	Guilty	Dismissed HMS, fine £3000
CAPT	Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say, assault occasioning actual bodily harm, contrary to section 47 of the offences against the person act 1861.	Not guilty	Acquitted
LT	Drunkenness contrary to section 43(1) of the Army Act 1955.	Guilty	Dismissed HMS. (Punishment of dismissal quashed on review and replaced by fine of £1,500 and severe reprimand.)
MAJ	Four charges of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say theft contrary to section 1(1) of the theft act 1968.	Guilty	Dismissed with Disgrace, fine £10000 & PUSP £41.51
MAJ	Committing a civil offence contrary to section 70 of the Army Act 1955, that is to say, obtaining a money transfer by deception contrary to section 15a of the theft act 1968.	Guilty	Dismissed HMS

2009

RANK	OFFENCE	PLEA	SENTENCE
2LT	Conduct to the prejudice of good order and military discipline contrary to section 69 of the Army Act 1955.	Guilty	£1000 fine.
CAPT	9 x charges of committing a civil offence contrary to the Army Act 1955, that is to say theft contrary to section 1(1) of the theft act 1968.	Guilty	Dismissed HMS, £2000 fine, PUSP £1947.56 as compensation.
COL	Negligently performing a duty contrary to section 29a (b) of the Army Act 1955.	Guilty	£800 fine.
MAJ	5 x charges of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say fraud contrary to section 1 of the fraud act 2006.	Guilty	Dismissed HMS, 9 months imprisonment, PUSP £5,300 as compensation.
MAJ	4 x charges of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say possession of indecent photographs of children contrary to section 160(1) of the criminal justice act 1988. 2 x charges of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say possession of an extreme pornographic image, contrary to section 63(1) of the criminal justice and immigration act 2008. 3 x charges of committing a civil offence contrary to section 70 of the Army Act 1955, that is to say distributing indecent photographs of children contrary to section 1(1)(b) of the protection of children act 1978. (Total of 9 charges.)	Guilty	Dismissed HMS, 2 years imprisonment, disqualified working with children, placed on sex offender's register for 10 years.

From: DCDS Pers Secretariat

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Zone J, Seventh Floor, MINISTRY OF DEFENCE
Main Building, London, SW1A 2HB.