§ 28. Mr. T. WILLIAMS (for Major MILNER)asked the Financial Secretary to the War Office whether he will state in whose hands the decision rests as to whether a person subject to military law shall be tried by a civil or a military court; on what principle such a decision is made; and how many persons subject to military law have been tried by court martial in the five years preceding the latest convenient date?
§ Mr. HACKINGI assume that the hon. and gallant Member is referring to a per son subject to military law who appears before a military authority charged with a civil offence which is also triable by court-martial. In such a case the civil authorities may intimate a desire to bring the case before a civil court and in that case it is tried by a civil court. If they do not so intimate, the decision as to whether the trial shall be by court-martial rests with the competent military authority. As a general rule, in places where regular civil courts are at hand, it is desirable to try a civil offence by a civil court if the offence is one which relates to the property or person of a civilian. On the other hand, in a number of cases persons subject to military law are in practice handed over by the civil authorities to be dealt with under the Army Act. During the last five years trials by court-martial for civil offences have averaged 54 a year at home and 64 a year abroad.