ABSTRACT
Stephen Jordan, a soldier of the regular forces in the Grenadier Guards, was arrested on 20 April 1995 by the civilian police after having gone missing from his unit. His commanding officer dealt with the charge summarily and sentenced him to, inter alia, 28 days’ imprisonment. He was due for release on 27 May 1995, but his detention continued on the basis of the suspected offences that were being investigated. On 16 June 1995 and 29 August 1995, the applicant was brought before his commanding officer and charges under the Theft Act were read to him. He was remanded for trial by court-martial. In November 1995, the applicant commenced habeas corpus proceedings in the High Court requesting his release. The army authorities admitted that due to an ‘administrative oversight’, the applicant had not been charged until 16 June 1995. He was released on 11 December 1995 and subsequently brought proceedings for compensation from the Ministry of Defence in respect of his detention from 27 May to 11 December 1995. The authorities accepted that the applicant’s detention had been unlawful and the matter was settled on 21 October 1996 with the applicant being paid compensation and costs. The applicant was tried by court-martial and sentenced to imprisonment. His appeal to the Courts-Martial Appeal Court was pending. Court found unanimously V 5(3), V 5(5).
