HC Deb 16 March 1915 vol 70 cc1918-20

(1) Any offence against any regulations made under the Defence of the Realm (Consolidation) Act, 1914, which is triable by court-martial may, instead of being tried by a court-martial, be tried by a Civil Court with a jury, and when so tried the offence shall be deemed to be a felony punishable with the like punishment as might have been inflicted if the office had been tried by court-martial.

(2) Where a person, being a British subject but not being a person subject to the Naval Discipline Act or to military law, is alleged to be guilty of an offence against any regulations made under the Defence of the Realm Consolidation Act, 1914, he shall be entitled, within six clear days from the time when the general nature of the charge is communicated to him, to claim to be tried by a Civil Court with a jury instead of being tried by court-martial, and where such a claim is made in manner provided by regulations under the last-mentioned Act the offence shall not be tried by court-martial:

Provided that this Sub-section shall not apply where the offence is tried before a Court of Summary Jurisdiction:

Provided also that before the trial of any person to whom this Section applies, and as soon as practicable after arrest, the general nature of the charge shall be communicated to him in writing and notice in writing shall at the same time be given, in a form provided by regulations under the said Act, of his rights under this Section.

(3) The Vexatious Indictment Act, 1859, as amended by any subsequent enactment shall apply to a felony under this Section as if it were included among the offences mentioned in Section 1 of that Act, but a felony under this Section shall not be triable by a Court of Quarter Sessions.

(4) For the purpose of the trial of a person for a felony under this Section the offence shall be deemed to have been committed either at the place in which the same actually was committed or in any place in the United Kingdom in which the offender may be found or to which he may be brought for the purpose of speedy trial.

(5) An indictment under this Section shall not be deemed void or defective by reason that the facts or matters alleged in the indictment for the felony amount in law to treason; and if the facts or matters proved at the trial of any person indicted for any felony under this Section amount in law to treason, the person shall not by reason thereof be entitled to be acquitted of such felony; but no person tried for such felony shall be afterwards prosecuted for treason upon the same facts.

(6) In the event of invasion or other special military emergency arising out of the present War, His Majesty may by Proclamation forthwith suspend the operation of this Section, either generally or as respects any area specified in the Proclamation, without prejudice, however, to any proceedings under this Section which may be then pending in any Civil Court.

(7) The expression "British subject" in this Section includes a woman who has married an alien but who before the marriage was a British subject.

(8) In the application of this Section to Scotland "a Civil Court with a jury" means the High Court of Justiciary, and Sub-section (2) shall not apply.

(9) This Section shall apply in the case of offences committed and persons arrested before as well as after the passing of this Act.

Lords Amendment: At the end of Subsection (2) insert:—

(3) In addition and without prejudice to any powers which a Court may possess to order the exclusion of the public from any proceedings, if, in course of the trial of a person for felony under this Section, application is made by the prosecution, in the interests of the national safety, that all or any portion of the public should be excluded during any part of the hearing, the Court may make an order to that effect, but the passing of sentence shall in any case take place in public.

Lords Amendment read a second time.

The ATTORNEY-GENERAL (Sir J. Simon)

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is put in by way of precaution rather than in order to effect any substantial change in the law. I should be slow to suppose that where national safety was involved there would not be power in a British Court of Justice so to conduct the proceedings as to ensure that national safety should not be jeopardised, but in order to remove any possible doubt upon the matter this Amendment has been made in another place, and I move that we agree.

Mr. HOGGE

May I ask whether this applies to the whole of the trial? When the last German spy was tried there were certain periods of the trial at which the public were excluded. At other times they were admitted to the trial. Does this new Clause mean the exclusion of the public all the time or only at such time as national safety would be involved by their presence?

Sir J. SIMON

The Clause is drawn in order to cover the possibility of either case. I imagine that in almost every conceivable case there can be no reason why the public should be excluded from beginning to end. It is obvious that the public ought to be there when sentence is pronounced. I do not myself see why in any case I can imagine the public should not be there during some portion of the trial, but if the person you are prosecuting is a spy, and, supposing it is necessary to produce evidence how the spy endeavoured to communicate with the enemy, it is evident that you could not allow the public to be present when that evidence was being given and considered. I think my hon. Friend may be confident that the prosecution, in asking the Court to exercise its power under this Section, will only do so within the limits of what is necessary for national safety.

Sir RYLAND ADKINS

I suppose we may take it that in every case not only the sentence but the charge also will be made public?

Question put, and agreed to.

Lords Amendment agreed to: Sub-section (8) leave out "(2)" and insert instead thereof "(4)."