§ Mr. Ashleyasked the Secretary of State for Defence (1) if he will make a statement on procedure for Army courts martial, including the procedure for selection of Army officers to adjudicate;
(2) what training is given to Army officers who adjudicate over courts martial; and approximately how frequently in a year any one officer undertakes the duty.
§ Mr. FreemanSerious cases are usually investigated by the Special Investigation Branch, Royal Military Police, who submit a report to the commanding officer. It is the CO's responsibility then to decide what, if any, action is to be taken. If he is of the opinion that the case should be tried by court-martial, after complying with certain formalities, he will send the relevant papers to an officer empowered to convene courts-martial, usually of the rank of brigadier or above. If this officer agrees that trial by court-martial is appropriate, he will convene a court. Legal advice is, of course, available to the officers concerned at all stages.
All Army officers are required to undergo instruction in military law as part of their general training, and have to pass an examination in this subject. They are also expected to attend trials as an officer under instruction on a number of occasions before they actually sit as a member of a court. Additionally, many officers will have practical experience of the disciplinary process by virtue of an appointment as adjutant or assistant adjutant of their unit. So far as the selection of officers to compose a particular court is concerned, the usual practice is to nominate the president by name, and to delegate to the commanding officers of various units the duty of nominating a suitably qualified officer to sit on the court. Courts-martial trying the more serious cases will have a judge advocate sitting with them to advise on the law and to sum up the facts for them.
It is not possible to say how frequently in a year any one officer sits with a court, as this will vary from individual to individual.
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§ Mr. Ashleyasked the Secretary of State for Defence on how many occasions over the past five years a court martial has ruled that charges be dropped because of lack of evidence.
§ Mr. FreemanCases where a court martial has accepted a submission of no case to answer or has used its power to stop a case are not separately recorded and could be identified only at disproportionate cost.