§ Mr. Nield105, 106 and 107. asked the First Lord of the Admiralty (1) if, at naval courts martial, prosecutors and defending officers are required to be officers 240W with legal qualifications; and, if not, whether it is customary to select officers with legal qualifications to prosecute and defend; (2) if, at naval courts martial, a judge advocate normally sits with the court; and if the judge advocate is required to be an officer with legal qualifications; (3) if, at naval courts martial, the judge advocate advises the court on questions of law; if he sums up in open court directing the attention of the court to the legal principles involved; and if such summing up is recorded so that any misdirection as to the law may be the grounds for an appeal or petition against the finding of the court.
Mr. Dugdale:The prosecution at Naval courts martial is ordinarily conducted by the captain or executive officer of the ship to which the accused belongs. The convening authority, however, may appoint any competent person to undertake the duty, and since 1939 considerable use has been made of the services of legally qualified R.N.V.R. officers. The choice of someone to assist him at the trial rests primarily with the accused. If he does not himself obtain assistance, an officer is detailed for the purpose, if possible one with legal qualifications. Judge Advocates are appointed to officiate of a branch who receive special training in legal matters but, generally, with the exception of R.N.V.R. officers who are barristers or solicitors in civil life, are not lawyers. They do not sum up in open court, but it is their duty to advise the court on questions of law, and their advice is recorded if they or the court desire it.