HC Deb 09 August 1901 vol 99 c274
MR. H. D. GREENE (Shrewsbury)

I beg to ask the Secretary of State for War whether, in cases of such convictions by courts-martial as must be submitted to a judge advocate general for confirmation or consideration, the accused person is required to undergo the inflicted sentence, whether of imprisonment or other punishment, before the validity of the conviction has been determined by that officer; if so, whether this procedure can be so altered as to secure that punishment shall not be undergone until the conviction has been adjudged to be valid by the proper legal authority.

LORD STANLEY

General courts-martial only must be submitted to the judge advocate general for confirmation by the Sovereign. Other courts-martial are only referred to him before confirmation when the confirming officer is in doubt on some legal point. All general, district, and field general courts-martial are sent to him for review and custody, and if total illegality is discovered the proceedings are quashed, but in 1900 only one in 400 was quashed. The sentence takes effect from the date of the signature of the president of the court. It would not be practicable to allow a prisoner to be at large after trial, and the delay involved by the suggestion would render discipline quite impossible.