HC Deb 06 March 1918 vol 103 cc1955-6
21. Mr. MORRELL

asked the Under secretary of State for War if the Government will consider the advisability of so altering the Regulations affecting trial by court-martial as to provide for a right of appeal in special cases?

Mr. MACPHERSON

The proposal contained in the question could not be effected by Regulation, but only by legislation. It is not proposed to introduce legislation for this purpose.

22. Mr. MORRELL

asked the Under secretary of State for War if the Government will consider the desirability of so altering the Regulations affecting courts- martial as to provide that no soldier shall be tried before a general court-martial on a capital charge without the assistance of a prisoner's friend?

Mr. MACPHERSON

A soldier tried by general or district courts-martial on any charge has already, under Rules of Procedure 87–94, the right to be assisted by a friend or to be represented by counsel. At field general courts-martial an accused is always, in practice, allowed to be so assisted or represented whenever possible, though this is not expressly provided by the Rules in the case of such Courts. If an accused, charged on a capital charge before any court-martial, desires to be represented, and finds a difficulty in securing a friend or counsel, a suitable officer would be found for the purpose whenever possible. The Army Council have recently issued a reaffirming Order on this subject, of which I shall be happy to send the hon. Member a copy. I would remind the House that this practice has been in vogue throughout the War.

Mr. BILLING

Is it not possible to arrange that a man shall have a friend with him before the court-martial?

Mr. MACPHERSON

In practice that has been done during the War; the man has always had a friend.

Mr. MORRELL

Could not my hon. Friend get the Regulation so altered as to make what is the usual practice the invariable rule?

Mr. MACPHERSON

As a matter of fact, in this War it has been the invariable rule. Members must realise that the Army at present is administered under the law enacted by this House.

Colonel SANDERS

Have not the men a much better chance of acquittal before a court-martial than before any Civil Court?

Mr. MACPHERSON

I believe that is so.

Mr. OUTHWAITE

What happens when a suitable officer, engaged by the parents of the man, can be present, and what happens if it is not possible to find a suitable officer?

Mr. MACPHERSON

In all the cases that I have investigated and I have investigated a great many a suitable officer has been found in every case. In the Navy and Army there are numbers of young barristers and solicitors who would be only too willing to come forward.

Major DAVIES

Is there any reason why these officers cannot be appointed, in order to see that this work is carried out by the responsible officers who are doing it?

Mr. MACPHERSON

I cannot accept that statement. My belief is that this work is carried out thoroughly and conscientiously.