§ 98. Mr. Marloweasked the Attorney-General whether he is aware that by virtue of Section 41 of the Army Act, persons subject to military law are frequently tried by court-martial on charges of statutory offences against the civil law without his fiat being first obtained, although the statute creating the offence requires the obtaining of such fiat before criminal proceedings can be taken; and under what authority the granting of the fiat in such cases is dispensed with.
§ The Attorney-GeneralThe requirement of the Attorney-General's fiat prior to the prosecution of certain offences is a procedural provision relating to the administration of the civil law in the civil courts, and Section 41 of the Army Act, whilst making certain civil offences also under military law, does not purport to attract the procedural provisions of the civil law in regard to such offences. The Attorney-General does not exercise any control over the jurisdiction of military courts or the administration of military law.