HC Deb 22 April 1918 vol 105 cc809-27

As amended, considered.

The following new Clause stood on the Paper in the name of Mr. MACPHERSON: At the end of Sub-section (1) of Section fifty-two of the Army Act the following proviso shall be inserted:— Provided that the oath to be administered to the President shall be in the above form but with the addition after the words "you do further swear that" where those words firstly occur of the words "except so far as may be permitted by instructions of the Army Council for the purpose communicating the sentence to the accused.

The UNDER-SECRETARY of STATE for WAR (Mr. Macpherson)

In response to representations which were made to me in various quarters of the House on the Committee stage of this Bill, I promised that, either in another place or here on the Report stage, a new Clause would be put down dealing with the question as to whether the sentence passed upon any accused person at a court-martial where the death penalty might be enacted would be divulged to him by the Court at the time of the trial. I put down a new Clause on the Paper to-day, but I would like to substitute, if I may, another Clause which I think will convey better the representation which was made to me. It has got exactly the same meaning, and will allow any member of a Court to divulge the sentence which has been passed upon the accused person. As the House will remember, I suggested it might be proper to vest that power in the president, but during the course of the trial anything might happen to the president, and, accordingly, I thought it advisable and wise to put the now Clause in the form I now propose.

    cc810-24
  1. NEW CLAUSE.—Amendment of s. 52 of Army Act. 6,278 words
    2. cc825-7
  2. NEW CLAUSE.—(Amendment of s. 140 of Army Act.) 1,191 words