§ After Section 42 of the Army Act, the following Section 43 (a) be inserted—
- (a) Where any officer or soldier after his complaint has been inquired into under Section 42 or Section 43 of the Act, and the decision thereon has been communicated to him and where such officer or soldier still considers that he has not had the redress to which he may consider himself entitled,
1296 such officer on soldier may appeal to the military Court of Appeal and such Court shall examine into such complaint and shall issue its finding accordingly and forward the same to the Army Council, who shall communicate such finding to the complainant, and shall take such steps as are necessary for giving full redress to the complainant in respect of the wrong complained of in so far as the finding of the military Court of Appeal directs. - (b) A military Court of Appeal, consisting of five, shall be appointed by His Majesty, of whom three shall form a quorum. Two of such members shall be military officers, two shall be persons not holding any official position under the Crown, and one shall be one of His Majesty's judges of the High Court of Justice.—[Sir Ivor Philipps.]
§ Brought up, and read the first time.
§ Sir I. PHILIPPSI beg to move
That the Clause be read a second time.We have given to all criminals the right of appeal to a Court of Appeal. I submit that it is much more essential to give such an appeal in the case of the Army than in that of any of the other Courts in the land. For this reason: in other Courts the individual who is brought up to be tried by the Court is unknown to the Court. He belongs to a different trade or profession. The Court comes to the subject quite fresh.Whereupon the Yeoman Usher of the Black Rod having come with a message, the Chairman left the Chair.
§ Mr. SPEAKER resumed the Chair.