Question to the Ministry of Defence:

To ask the Secretary of State for Defence, when his Department first became aware that it had illegally subjected armed forces personnel to double punishment under (a) AGA167 and (b) summary hearings; and if he will make a statement.

The Department first recognised the implications of changes to rehabilitation legislation relating to police cautions in September 2011, since when no administrative action has been taken against Service personnel who receive a police caution. Officials brought the issue to the attention of Ministers in early December 2011 and have provided further advice at intervals since then.

It would be inappropriate to disclose the options that officials have presented for consideration. This is a complex matter, and I will update the House when I have reached a judgement.