§ 2. Mr. Edeasked the Secretary of State for War by what statutory authority a military Court of Inquiry orders an officer of the Territorial Force to appear before it to deal with actions he has taken as a civilian when not in uniform or performing military duties; and does the same authority apply to warrant officers, noncommissioned officers and men in similar circumstances?
§ Mr. Hore-BelishaI will, with the hon. Member's permission, circulate the answer in the OFFICIAL REPORT.
§ Following is the answer:
§ The assembly and procedure of Military Courts of Inquiry are governed by Rules of Procedure 124, 125 and 125A made pursuant to the provisions of Section 7o of the Army Act. A Court of Inquiry may be assembled by the Army Council or by the officer in command of any body of troops and may be directed to collect and record evidence and, if and as required, to report or make a declaration with regard to any matter which may be referred to them. Under the provisions of Section 175 (3A) of the Army Act an officer of the Territorial Army on the active list is subject to military law at all times. His attendance as 149 a witness before a Court of Inquiry is a military duty and is secured by means of a military order to attend given to him by his superior officer.
§ The attendance before a Court of Inquiry as a witness of a warrant officer, non-commissioned officer or man of the Territorial Army can only be enforced at such times as he is subject to military law under the provisions of Section 176 (6A) of the Army Act. But in the case of an officer, warrant officer, noncommissioned officer or man of the Territorial Army the provisions of Rule of Procedure 125A (B) would have to be complied with. This Rule ensures that if his character or military reputation is likely to be affected as the result of a Court of Inquiry, he must be afforded an opportunity of attending and of making any statement or giving any evidence he may wish or of cross-examining any witness whose evidence in his opinion affects his character or military reputation, and of producing any witnesses in defence of his character or military reputation.