MILITARY COURT-MARTIAL

Temuka Leader, Issue 7330, 7 June 1913, Page 5

MILITARY COURT-MARTIAL

Most civilians are probably of.opinion that there is only one sort of courtmartial by which a soldier on tho active list can be tried for misconduct. As a matter of fact, however, there are three descriptions of court-martial. Kach is composed in a different fashion, and each has different punitive powers. In time of peace ia soldier may bo brought before cither a “general,” a “ district,” or a “ regimental ” courtmartial. The particular tribunal depends on the gravity, of the offence with which he may be charged. Thus a “general” court-martial deals with the most serious breaches of discipline —such as mutiny and insubordination —while less grave lapses are referred to “ district ” and “ regimental ” courtsmartial. A “ general ” court-martial can inflict a sentence of death or penal servitude, and is the only military court which may try an officer. The maximum penalty of a “ district ” courtmartial is two years' imprisonment, and-' of a “ regimental ” court-martial fortytwo days’ imprisonment. The members of a court-martial act as both judge and jury. They decide their verdict and sentence by vote, and that of tho junior member is always taken first. Before a sentence is pronounced, however, it has to bo approved by the general commanding the gar. risen. Iq his discretion this officer may veduce a sentence or remit it altogether. >- A “ genejral ” court-martial has a colonel as president, while a “ district” court-martial is presided over by a major, and a “ regimental ” one by H captain. The number of members varies from nine to two, and no one may act in this capacity until ho has completed a certain amount of service. , When an officer is being tried every member must be of at least equal rank to himself. With a view to giving th© accused fair play, the members of a court-mar-tial are, so far as possible, selected' from different regiments. The prisoner is also permitted to engage counsel. As, however, a private only draws a shilling a day, this luxury is usually beyond his means.