HC Deb 07 November 1944 vol 404 cc1244-5
32. Mr. Austin Hopkinson

asked the Secretary of State for War whether there is on record any case in which the Treasury Solicitor has been requested to advise the officer responsible for convening a court-martial on serving officers; whether a court-martial was warranted by the summary of evidence.

Sir J. Grigg

I have not been able to trace any case in which the officer responsible for convening a court-martial on an Army officer has consulted the Treasury Solicitor on a question of this kind. But when an offence has been committed by a member of the Forces of a kind which can be tried either by a civil court or by court-martial under Section 41 of the Army Act, it is quite usual for consultation to take place between the Judge Advocate General or his representative and the civil legal officer who would be concerned if the accused were tried in a civil court.

Mr. Hopkinson

Yes, but if a summary of evidence has already been taken and furnished to the Judge Advocate General, is there any case in the whole of the War Office records of a civilian solicitor having been called in to "vet" the decision of the Judge Advocate General?

Sir J. Grigg

That question involves research and I shall have to ask my hon. Friend to put it down. I cannot answer it off-hand.