Clause 104.—(RULES AS TO EXERCISE OF FUNCTIONS OF JUDGE ADVOCATE.) (Hansard, 17 February 1955)

Mr. Ward

I beg to move, in page 53, line 31, at the end to add: (3) In the last foregoing subsection references to questions of law include references to ques- 732 tions as to the joinder of charges and as to the trial of persons jointly or separately. The Select Committee recommended a revised procedure where, if a question concerning the admissibility of evidence arises, or, on a joint trial, one of the accused applies for a separate trial, or if it is requested that one or more charges be heard separately, the Judge Advocate may ask the members of the court to withdraw in order to hear arguments about the point in their absence; and give a decision which is binding on the court. This, I think hon. Members will agree, is clearly in the best interests of justice, and Clause 104 is designed to give effect to this. But, on a strict construction, it might be argued that joint trials are not covered, because Clause 104 (2, b) refers to questions of law, and this Amendment seeks to make it clear that the Clause covers separate trials and the joinder of charges.