MILITARY COURTS

Evening Post, Volume CXXVI, Issue 6, 7 July 1938, Page 9

MILITARY COURTS

POWER OF ASSEMBLY

MINISTER EXPLAINS

(British Official Wlrelesa.) RUGBY July 6. In a written answer in the House of Commons in regard to the powers of the Army Council for appointing courts of inquiry, the Secretary of War, Mr. Hore-Belisha, said: "The assembly and procedure of military courts of inquiry are governed by Rules 124, 125, and 125 Ca), made pursuant to the provisions of Section 70 of the Army Act. "A court of inquiry may be assembled by the Army Council or by the officer in command of any body of troops and may be directed to collect and record evidence and to report and make a declaration, if and as required, with regard to any matter which might be referred to it. "Under the provisions of Rule 175, an officer of the Territorial army on the active list is subject to miiltary law at all times. His attendance as a witness before a court of inquiry is a military duty and is secured by means of a military order to attend given by his superior officer. "The attendance before a court of inquiry as a witness of a warrant-officer, a non-commissioned officer or a man of the Territorial army can be enforced only at such time as he is subject to military law under Section 176, but, in the case of an officer, warrant-officer, non-commissioned officer, or man of the Territorial army, the provisions of Rule 125 would have to be complied with. "This rule ensures that, if his character or military reputation is likely to be affected as a result of the court of inquiry, he may be afforded an opportunity of attending and making any statement or giving any evidence he may wish, or of cross-examining any witness whose evidence in nig opinion affects his character or military reputation, and of producing any witnesses in the defence of his character or military reputation."