HC Deb 25 May 1966 vol 729 cc100-1W
Mr. Stainton

asked the Secretary of State for Defence to what extent the regulations for the conduct of naval courts martial allow for the prosecutor taking part in conversations with the president and other members of the court immediately before the trial begins.

Mr. J. P. W. Mallalieu

There is no regulation to cover this point, nor is one needed. The practice is for the prosecutor to keep to his room until the court has assembled, and then to proceed direct into court.

Mr. Stainton

asked the Secretary of State for Defence how many naval courts martial have taken place since 1950 where the judge advocate was not a qualified barrister, and how many were the judge advocate was both junior in rank to, and was at the time employed as a subordinate in the office of, the officer discharging the duties of prosecutor.

Mr. J. P. W. Mallalieu

To give a comprehensive reply to this question would involve a great deal of time and effort, including the search of all the court martial files and the personal files of the judge advocates, and I do not think this would be justified.

Mr. Stainton

asked the Secretary of State for Defence whether the current Admiralty Memorandum on Naval Court Martial Procedure specifies that in the case of both ratings and commissioned officers a preliminary investigation should always be held; and what was the corresponding situation in April, 1956.

Mr. J. P. W. Mallalieu

No. The Admiralty Memorandum draws attention to the Queen's Regulations ordering formal preliminary investigations in the case of ratings. It is not in itself any authority for saying that a preliminary investigation should or should not be held in the case of officers. The position was no different in April, 1956.

Mr. Stainton

asked the Secretary of State for Defence how many naval courts martial have been held since 1950 in which the accused were commissioned officers; and what number in each year took place without a preliminary investigation.

Mr. J. P. W. Mallalieu

429. There is no record of the number preceded by a preliminary investigation.