HC Deb 22 October 1946 vol 427 cc331-2W
Mr. Hector Hughes

asked the Secretary of State for War the age, qualifications, length of service and experience of the officer who acted as Judge Advocate General in the court martial last August and September, of the 13th Parachute Battalion in Malaya; and what are the regulations governing the appointments of officers to such responsible positions.

Mr. Bellenger

The Judge Advocate at the trial was a major of the Indian Army, attached to the legal staff, Malaya Command. In consequence, the personal details requested are not available in the War Office. They have been applied for and when they are received I will write to my hon. and learned Friend.

In the case of a field general court martial, Rule of Procedure 106 (E) empowers the convening officer by order to appoint a fit person to act as judge advocate thereat. Note 3 to Rule of Procedure 101 in the Manual of Military Law says that a judge advocate should be free of all suspicion of bias or prejudice, that he should have had experience of the practice and procedure of courts martial and should have knowledge of the general principles of law and of the rules of evidence. The judge advocate at a trial overseas is usually appointed on the recommendation of the legal representative of the judge advocate general in the command concerned.

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