Question to the Ministry of Defence:

To ask the Secretary of State for Defence, whether people (a) convicted and (b) discharged under his Departments zero tolerance approach to sexual offences will have to resign their commission.

The 'Zero tolerance to unacceptable sexual behaviour: A victim / survivor focussed approach' policy sets out a presumption of discharge from the Service for those who are found, after investigation and to the civil standard of proof (balance of probability), to have engaged in unacceptable sexual behaviour.

If a Service person is convicted of a sexual offence (either by a civilian court or by a Court Martial but where the Court Martial has not dismissed, or dismissed with disgrace, the offender as part of the sentence), under the zero-tolerance policy, they will be administratively discharged. Any benefits admissible (including pension) will be those which would have been awarded on voluntary retirement. Administrative discharges for misconduct of such a nature as may be deemed to render the grant of terminal leave unjustified, will not be eligible for that leave but any annual leave accrued prior to discharge will usually be awarded.

In the event of conviction by a Court Martial which sentences the offender to dismissal or dismissal with disgrace, the offender will not be eligible for terminal leave but will usually be entitled to any accrued pension and payment for any outstanding annual leave accrued prior to dismissal.

Pension legislation is very clear that accrued pension can only be removed in the event of a conviction for specific very serious offences including (but not limited to) treason and offences under the Official Secrets Act where the offender is sentenced to more than 10 years in prison. There is no provision which would allow removal of pension for any kind of sexual offences (unless there was unlawful killing as well).

In the circumstances of a Service person being convicted of a sexual offence it would usually be inappropriate for them to continue to be associated with the Service. As such, their commission will normally be terminated unless there are exceptional circumstances justifying retention.