§ 101. Mr. KINGasked by what statutory authority a court-martial can try prisoners of war escaping or attempting to escape without breach of parole; to what punishment such prisoners so escaping or attempting to escape are liable; whether there are any means by which the point of law raised by prisoners of war tried by court-martial at Chester can be referred for decision to the High Court; and, if so, whether the Secretary of State for War will direct it to be so referred?
§ The UNDER-SECRETARY Of STATE for WAR (Mr. Tennant)The prisoners of war referred to are not tried by court-martial under the Army Act but by a Military Court assembled under the Regulations issued by Royal Warrant of the 3rd August last. Such Military Courts have power to award death, penal servitude, or imprisonment, with or without hard labour, not exceeding two years. There is no procedure by which the points of law raised by these prisoners can be referred for decision to the High Court. All such points are, however carefully considered by the legal advisers of the Crown.