§ MR. BOORDasked the Judge Advocate General, What steps are taken to provide military officers with sufficient legal instruction to enable them efficiently to discharge their duties as members of courts martial, and whether advantage can be taken for this purpose of the services of those officers who have been called to the bar; whether any legal qualification is required of such officers as are appointed deputy judge advocates; and, if not, whether he will consider the 1628 advisability of making a change in this respect; and, whether a different course is not pursued in the administration of justice and the appointment of deputy judge advocates, properly qualified, in the Army to that which prevails in the Navy; and, if so, whether, as far as his own department is concerned, he is prepared to recommend such alterations as will tend to assimilate the procedure in both services as far as possible?
§ MR. STEPHEN CAVESir, the Queen's Regulations insist upon the acquirement by all officers of a competent knowledge of military law and the practice of military courts. For this purpose there are professors and instructors at the Military College and at the Staff College, where the examinations are conducted by General Laye, one of the Deputy Judge Advocates. There are also frequent examinations in regiments and garrisons. Sub-Lieutenants are obliged to attend courts martial as supernumeraries, not only the open court, but the deliberations in reference to the finding and sentence. There is nothing to prevent an officer who has been called to the Bar from becoming a professor or instructor; but such qualification is not required of these nor of Deputy Judge Advocates. No special aptitude is insured by a mere call to the Bar. In military as in other courts it is practice rather than book-learning which makes perfect. In the Navy, owing to the summary powers committed to captains of ships, the number of courts martial is extremely small as compared with the Army. The persons officiating as Deputy Judge Advocates of the Fleet, who are sometimes civilians, do not give their whole time, but are retained when required. I do not admit that they are more properly qualified, nor do I see any advantage in adopting this plan in the Army. On the other hand, I agree with the Commission of 1868 that, as the issues tried depend to a great extent upon the usages of war and of military service, it is essential to maintain strictly the military character of the court.