HC Deb 23 March 1948 vol 448 cc2753-4
23. Mr. Anthony Greenwood

asked the Secretary of State for War whether, in the light of recent cases, he will review the administration of the Department of the Judge Advocate General.

Mr. Shinwell

I am not clear what my hon. Friend has in mind. If he is thinking of the recent judgment of the Divisional Court in the Boydell case, this case and its implications are being studied at the present time and I cannot anticipate the result.

Mr. Greenwood

In bearing that case in mind, may I ask my right hon. Friend to remember that the public anxiety on this matter—first caused by the irregular courts martial in Burma little more than a year ago—has not been allayed by this recent case, and would not he agree that in the case of men who are subject to military discipline it is even more important than in the case of ordinary civilians that they should have complete confidence in the administration of justice?

Mr. Shinwell

I have already said that the implications are being considered.

Mr. Sydney Silverman

Can the right hon. Gentleman state whether the Boydell case court martial papers were studied and reviewed by the Judge Advocate General in the ordinary way before any civil proceedings were brought, and did he hold that this man was subject to military law?

Mr. Shinwell

All cases are considered by the Judge Advocate General.

Mr. Hector Hughes

Are any steps being taken to make provision for appeal from courts martial?

Mr. Shinwell

I am not aware of any.