§ Mr. Ashleyasked the Secretary of State for Defence, pursuant to his reply of 27 October, who nominates the president of a court that judges a court martial; whether the commanding officer who nominates suitably qualified officers to sit on he court is free to appoint officers who belong to the same regiment as the accused; and if this happens.
§ Mr. FreemanThe president of a court martial is nominated by the officer who convenes the court — usually of the rank of brigadier or above. Although it is not legally precluded, it is usually thought undesirable for an officer from the accused's own unit to sit on the court martial which tries him; and this would never arise in a serious or contentious case.
§ Mr. Ashleyasked the Secretary of State for Defence, pursuant to his reply of 27 October, whether legal advise is available for those being court martialled and for those bringing the allegations that led to the court martial.
§ Mr. FreemanLegal advice is available both to the accused and to the Army authorities involved in the court martial. Except in minor cases an accused service man is entitled to seek legal advice both before and during interview with the police, in accordance with the Police916W and Criminal Evidence Act 1984. He may also seek legal advice after being remanded for trial, and may apply for legal representation at trial either by a service legal officer or a civilian legal practitioner. Legal advice is also available on request to a service man making an allegation, if such advice is required for a claim for financial compensation.