HC Deb 05 December 1944 vol 406 cc383-4W
Mr. Loverseed

asked the Secretary of State for War whether he will state the conditions under which an accused man may ask for the services of an officer from another station who is prepared to act as his friend at a court-martial.

Sir J. Grigg

The preparation for defence by an accused person is laid down in Rule of Procedure 14. This rule statesRule of Procedure 14. (A) An accused person for whose trial a court-martial has been ordered to assemble shall be afforded proper opportunity of preparing his defence and shall be allowed free communication with his witnesses and with any friend, defending officer or legal adviser with whom he may wish to consult. Rule of Procedure 14 (B) states inter alia: An officer … shall ask him (the accused) to state in writing whether or not he wishes to have an officer assigned by the convening officer to represent him at the trial, if a suitable officer is available.

It follows, therefore, that an accused may ask for the services of any officer in preparing his defence and the question as to whether or not the officer for whom he asks can be placed at his disposal depends upon whether that officer, having regard to the exigencies of the Service, is readily available.