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JUDGE ADVOCATE
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See also:JUDGE See also:ADVOCATE See also:GENERAL). -
The See also:Army See also:Act applies to See also:European See also:officers and soldiers serving in See also:India in the same manner as to the See also:rest of the army, but natives of India are governed by their own Articles of See also:War, and in the See also:case of See also:civil offences they are dealt with according to the provisions of the See also:Indian penal See also:code. There are judge See also:advocates general for each of the presidencies, and a See also:deputy judge advocate at each of the more important military centres.
Important changes were made in the See also:system of courts of inquiry by an Army See also:Order of the loth of See also:February 1902. A See also:court of inquiry is and has been an See also:assembly of officers directed by a commanding officer to collect See also:evidence and See also:report with respect to a transaction into which he cannot conveniently
himself make inquiry. But now, whenever any inquiry
affects the See also:character or military reputation of an officer
or soldier, full opportunity must be given him of being
Courts of
/nqulry See also:present at the inquiry and of giving any evidence .
or making any statement, or See also:cross-examining
adverse witnesses, or producing witnesses, on his own behalf. Evidence may now be ordered to be taken on See also:oath if the assembling officer thinks the case requires it. No proceedings of a court of inquiry, no See also:confession, statement or See also:answer, is admissible in a court See also:martial. But an officer or soldier tried by court martial in respect of See also:matter which has been the subject of a court of inquiry is entitled. to a copy of the proceedings on See also:payment of the cost of the copy. The finding and See also:sentence are only valid after See also:confirmation by the proper military authority. A sentence of See also:death or penal See also:servitude can only be confirmed by the general or See also: The See also:rule which allows the prisoner and his wife to See also:tender their evidence on oath under the Criminal Evidence Act 1898 as regards evidence is applicable to field general courts martial. It is useful to See also:note that the Army Act, sec. 70, enables His See also:Majesty to make new provisions under the See also:hand of a secretary of See also:state for, amongst other things, the assembly and the See also:procedure of courts of inquiry. The See also:power to make changes by Army Order or rule is only limited by the principle that the rules must not be contrary to or inconsistent with the act. In an authoritative report published by the See also:Norwegian See also:government, and compiled by a trained Norwegian lawyer who visited the various countries, the systems of twenty- Conttne' two states are reviewed. The earliest military See also:law Military Law, still in force is found in See also:Norway and See also:Denmark, Law. and See also:dates from 1683, while See also:England and See also:Sweden date from 1881. Sweden has a military penal code, and England is ruled by the Army Act. There are two kinds of military courts of first instance: (I) those belonging to See also:separate military bodies, such as divisions, brigades, regiments; (2) those having See also:jurisdiction in a certain territory, and their seat determined. In times of war the courts must follow the military bodies. In See also:Bavaria and See also:Switzerland a military See also:jury is attached to a court martial. In several states " auditors," i.e. judicial guides, are attached to courts martial. In some a military jurisconsult (lawyer) is attached as judge, always a fixed See also:post. This obtains in Sweden, See also:Finland, See also:Austria-See also:Hungary, Switzerland and See also:Portugal. In Norway, Denmark, Sweden, Finland, See also:Belgium, See also:Great See also:Britain, See also:Germany, Austria, See also:United States, See also:Spain, See also:Wurttemberg and Switzerland the presiding officer is chosen for the single trial. In other states the military See also:judges are appointed for a certain See also:term, usually six months. The See also:quorum of judges required on military courts on the See also:continent differs. Seven judges sit in Belgium, See also: In the United States there are the " field officers' court martial " and " military commission," consisting of three officers. The second is for judging spies and some other matters that See also:escape the jurisdiction of the regular courts martial. A special military tribunal in Germany judges the officials attached to the army. Courts of See also:honour exist in Russia, Germany, Bavaria, Wurttemberg, Austria-Hungary and Spain. Great Britain and the United States have the system of a " court of inquiry." This was only a commission of 'inquiry, but it is now public, the accused is present, and the witnesses are sworn. Soldiers not on active service, says the See also:Swedish report, should be answerable for infractions of See also:common law under the jurisdiction of the civil courts. All infractions of military order or discipline committed by soldiers, Competence whether on active service or no, should be judged by~tMrtsitary military courts. In time of war, it is equally ad- mitted, military courts must judge all offences, even offences at common law, committed by soldiers forming See also:part of an army on See also:campaign. The difference lies in regard to offences committed in time of See also:peace. Sweden, Great Britain, France, See also:Italy and the United States, as a general rule, place offences against the common law (infractions de See also:droit commun) in time of peace under the jurisdiction of the civil courts. In the United States offences against See also:good order, in Great Britain See also:personal offences (such as See also:drunkenness), are judged by courts martial: In most other states the general rule is that soldiers, even in time of peace, if on actual service are judged by courts martial. In the case of complicity between a soldier and a civilian, sometimes one is judged by a military and the other by a civil court (in Germany, Switzerland and Spain), sometimes both by a military court (Belgium, Italy, See also:Servia, Rumania and Greece); sometimes it depends on the nature of the See also:crime—in the United Kingdom, United States, Sweden, Finland, Holland and Portugal. In Norway a mixed tribunal judges them. The procedure in military courts differs according to the countries. In some systems (a) the examination and preparation of evidence are confided to a See also:juge d'instruction; (b) in other systems Procedure. they are confided to a special commission of inquiry; (c) again, in other places they are See also:left to the court martial itself that will judge the case. The United Kingdom and the United States follow the last See also:plan. There is no preparatory examination in these two countries. A commission of inquiry for the preparation of evidence is held in Norway, Denmark, Germany, Wurttemberg, Austria-Hungary, Servia, Belgium and Holland. An auditor directs these courts of inquiry. In Russia an officer acts as juge d'instruction; in grave cases he must be a military jurisconsult. In Italy, Spain, Rumania, Greece and Turkey an officer acts as juge d'instruction. The proceedings before a court martial are usually public, except in the case of matters that offend morality, See also:compromise public order, or where publicity is considered injurious to the Pubttcity. interests of the service (cases of discipline, disclosing plans, &c.). This does not apply (except in Great Britain and the United States) to the proceedings before the courts charged with preliminary investigation. In several states, i.e. Norway, Denmark, Holland, Austria, Servia, Germany and Wurttemberg, the public prosecutor is also the counsel of the accused. The auditor who directs the court of inquiry fills these offices (except in cases of small importance in Germany and Wurttemberg). In other states there is a special See also:office of public prosecutor. In Spain, Portugal, Rumania, Greece and Turkey he is an officer. In Russia, Belgium, Bavaria, Switzerland and Italy he is a military lawyer. In these countries the accused has the right to choose a counsel, or one is assigned him. In the United Kingdom and the United States, when the matter is grave, the direction of the case is put in the hands of a judge advocate. In the United States the judge advocate is the public prosecutor. There is no See also:superior tribunal to which to See also:appeal in Denmark, Great Britain and the United States. In Denmark the cases are sent to the auditor-general, who can annul if there is Appeal, See also:error in See also:form, and send back the case to be tried anew. In In Great Britain and the United States See also:judgment in towed and ordinary cases must be confirmed by the commanding to whom. officer by whose order the court was called. He can lighten the sentgnce. In certain cases of great gravity it must go to the See also:head of the state, after passing the revision of the judge advocate general, who in Great Britain is the constitutional adviser of the See also:crown as regards courts martial from the view of legality. There is also in these two countries a special revision of judgments in the judge advocate general's office. This revisional power is the safeguard of military See also:justice, as all decisions are reviewed, and if any illegality is pointed out the proceedings are consequently quashed. The effect of this disapproval is not merely to annul the See also:Forfeiture. but it also prevents the accruing of any See also:disability or forfeiture. The See also:British judge advocate's office has been much strengthened. It now consists of: (I) The judge advocate general (one of H.M. judges) ; (2) a deputy judge advocate general, who is a trained lawyer; (3) a deputy judge advocate, also a trained lawyer; (4) a military officer of the See also:rank of See also:colonel who has been called to the See also:bar; (5) in See also:South See also:Africa (since 1899, and on a five-years' See also:appointment from 1902) a colonel who has been called to the bar. In Germany there is no appeal, except for officials attached to the army. In Austria-Hungary the sentence can be lightened by the commanding officer. It can also be returned for trial by a superior court if it appears to him too See also:light. In Spain all judgments have to be confirmed, and if confirmation is refused, it is carried before the supreme court of the See also:navy and army. The condemned has no power of appeal himself, but all cases of death or See also:life sentences go before the supreme court of the navy and army. Russia only requires the confirmation of the commanding officer. In Rumania and Greece all condemned prisoners in time of peace can demand a court of revision, composed of a general and four superior officers. In time of war the court may be composed of three. Certain forms of See also:punishment, in all countries but the United States, can be given by the superior officer, without judicial intervention, Dlsdpllnaryfor small purely military offences, where a summary Disc:10 rocedure is required. The offender, if he prefers, may meats. be carried" before court-martial. The punishment is immediately carried into force, but the See also:person punished can complain to higher military authority. In that case, if the complaint is not admitted, the punishment is enhanced. The commonest of these disciplinary punishments are deprivation of See also:liberty, confined to See also:barracks, arrests and See also:prison. Certain special punishments obtain in certain countries—for instance, imprisonment in Turkey may be accompanied by a See also:bread-and-See also:water See also:diet; and officers in Finland and Russia may be deprived of See also:advancement. In 1908 France took steps to abolish courts-martial in time of peace, all common law offences to be judged by the ordinary courts, and breaches of military discipline such as See also:rebellion, insubordination, See also:desertion and the like by mixed courts composed of civil and military magistrates. See Clode, Military Forces of the Crown; T. See also:Gram, Fonctionnement de la justice militaire clans See also:les differents Etats de l'See also:Europe. (JNo. Additional information and CommentsThere are no comments yet for this article.
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