June 1944 - 25 July 1944

 POLICY

While the units and formations of 21 Army Group were stationed in the UK the responsibility for the detailed administration of discipline was placed on the Home Commands but all matters of policy affecting them were the responsibility of HQ 21 Army Group.

The Commander-in-Chief received from His Majesty a warrant to convene General Courts Martial and to confirm findings and sentences in the field. Delegated warrants were issued to the Commanders of First Canadian Army, Second Army, and to Corps Commanders and Commander L of C.

It was the policy of 21 Army Group to retain in the theatre any soldiers who were convicted of a military offence and sentenced to detention, imprisonment or penal servitude and to hold them in 21 Army Group penal establishments. It was considered essential, however, that up to the time these penal establishments arrived in the theatre, soldiers under sentence should be evacuated, and by the middle of July the following numbers had been despatched under escort to the UK:

• Sentenced to penal servitude - 48
• Sentenced to imprisonment of over one year - 19
• Sentenced to punishment other than the above - 38

The escorts were provided from the theatre and the soldiers were handed over to Garrison HQ SOUTHAMPTON who became responsible for their disposal.

A certain number of troops absented themselves from their units prior to D-day. The policy of HQ 21 Army Group in dealing with these absentees was to despatch them when they were apprehended to a Reinforcement Holding Unit and to ensure that they were sent overseas with their unit or with an early reinforcement draft.

MILITARY PRISONS

One Military Prison large enough to hold 500 soldiers under sentence and five Field-Punishment Camps each to hold 150 were allocated to 21 Army Group. First Canadian Army was to establish its own field punishment camp but was not to have a military prison as all soldiers sentenced to one year’s detention or more were to be evacuated from the theatre. No. 5 Field Punishment Camp arrived on the Continent on 2-3 June, opened on 18 July and held forty-six soldiers under detention on 26 July.

COURTS MARTIAL

HQ 21 Army Group had planned to have two Court Martial Centres at its disposal.
The objects of these centres were:

• To relieve units in the line of the responsibility of paper work in connection with trials.
• To hasten the disposal of cases.
• To hold courts which would sit permanently and be presided over by a permanent president.
• To relieve units of the responsibility of guarding soldiers awaiting trial, promulgation or committal.

A centre accommodated 150 soldiers and was designed to try 100 cases a week. fifteen permanent presidents of FGCsM (Field General Court-Martial) were allocated to 21 Army Group.

It was decided to utilise permanent presidents for the following reasons.-

• To relieve fighting units of the responsibility of providing a senior officer as president of FGCsH.
• To ensure that similar sentences were awarded in all formations for similar offences.
• To endeavour to prevent technical errors in procedure which often lead to the quashing of convictions.

Permanent presidents landed with the assault corps and were required to preside at FGCsM almost immediately.

Some of the officers chosen for this responsibility were proved to be too old or of a too low medical category to conduct trials under the battle conditions which prevailed during the early days, and were consequently relieved of their appointments.

 

26 July-26 September

 

MILITARY PRISONS, DETENTION BARRACKS AND FIELD PUNISHMENT CAMPS

By 25 September five field punishment camps and one military prison had arrived in the theatre. These were initially established under canvas, but a part of the military prison was later accommodated in CAEN civil gaol. Two FPCS were placed under command Second Army, and one under command First Canadian Army.

During August and September the WE's of these penal units were revised and increases in strength were authorised. Authority was also given for the formation of another military prison to accommodate 500 SUS.

There was a scarcity of buildings suitable for these units, and the problem of covered accommodation was still unsolved at the end of September.

ABSENTEES AND DESERTERS

Difficulty was encountered in returning to their units absentees and deserters who were apprehended in the rear areas. Units taking part in operations were unwilling or unable to spare good NCOs and men to escort an absentee or deserter who would probably be of no use to them in battle. On 17 September over 100 soldiers were under arrest, awaiting trial in the town guard rooms of CAEN and BAYEUX and at 7 FPC.

These were sent forward by rail to Second Army and First Canadian Army on 19 September, escorts being provided from reinforcements.

By mid September the large numbers of absentees and deserters awaiting trial in 21 Army Group made it apparent that special arrangements would have to be made to accommodate them. Consequently it was decided to employ 36 RHU, which opened in a new capacity on 25 September at RYES, as a sorting, holding and despatching centre for absentees and deserters apprehended both in the UK and in the field.

The urgency for setting up a special organisation to deal with this problem is illustrated by the fact that within five days of opening the RHU held 135 men on charges of desertion and absence without leave.

The whole of the original staff of 36 RHU, plus extra personnel to act as guards, was employed on this task, while officers to act for the defence and prosecution of the accused, together with a captain, legal staff, and a permanent president were attached to the RHU for the disposal of cases either summarily or by courts martial.

COURT MARTIAL CENTRE

On 13 September an order was issued for the setting up of a Court Martial Centre which began to function in October.

During the disbandment of 59 Division a permanent president and a captain legal staff, were appointed to deal with all outstanding cases affecting soldiers of 59 Division.

Soldiers awaiting promulgation were sent to 3 Military Prison.

Soldiers of 59 Division who were arrested after the disbandment were handled by 36 RHU.

COURTS MARTIAL

The number of soldiers convicted by courts martial for the period was as follows :—

MonthConvictions for DesertionConvictions for Absence

Convictions for all  

other Desertion

Total    

Absence and Desertion

as percentage of total

July 21733237692559
August505501 312131876
September303169243 71566

The above figures include trials at reinforcement groups which resulted in the following convictions for absence and desertion:

Month 

Convictions for

Desertion

Convictions for

Absence

Total
July76236312
August112419531
September3576111

Trials at 103 and 105 Rft Gps in the UK accounted for the vast majority of these cases, these groups being responsible during that period for dealing with absentees and deserters apprehended in UK. The fall in the number of trials at reinforcement groups during September was caused by the movement of both these groups overseas.

SELF-INFLICTED WOUNDS

Special orders were published setting out the procedure for dealing with cases of self-inflicted injury.

The procedure entailed segregation of these soldiers in one hospital in the theatre, and if for any reason it was necessary to evacuate a soldier to UK very careful documentation was carried out to make certain that be would be returned when fit to undergo trial.