A Handy Book on Military Law: Arranged According to the Syllabus, Queen's Regulations, and Comprising Synopsis of Parts of the Reserve Forces Act, 1882; Militia Act, 1882; Army Act, 1881; and Some Examination Questions

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W. Blackwood and Sons, 1884 - Military law - 320 pages
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Page 286 - Neither will you, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God.
Page 143 - ... it, except for very weighty reasons. The court are responsible for the legality of their decisions, but they must consider the grave consequences which may result from their disregard of the advice of the judge-advocate on any legal point. The court, in following the opinion of the judge-advocate on a legal point, may record that they have decided in consequence of that opinion...
Page 100 - Where the court are of opinion as regards any charge that the facts which they find to be proved in evidence differ materially from the facts alleged in the statement of particulars in the charge, but are nevertheless sufficient to prove the offence stated in the charge, and that the difference is not so material as to have prejudiced the accused in his defence, they may, instead of a finding of " Not guilty,
Page 147 - If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer, it.
Page 288 - A . 11. to attend as a witness, the sitting of the said Court at , on the day of at o'clock in the forenoon [and to bring with you the documents hereinafter mentioned, namely, ], and so to attend from day to day until you shall be duly discharged, whereof you shall fail at your peril. Given under my hand at on the day of 18 . (Signature) Convening Officer [or Judge- Advocate or President of the Court or Commanding Officer of the Prisoner].
Page 142 - General ; (c.) He is responsible for informing the court of any informality or irregularity in the proceedings. Whether consulted or not, he will inform the convening officer and the court of any informality or defect in the charge, or in the constitution of the court, and will give his advice on any matter before the court.
Page 55 - Where a charge-sheet contains more than one charge, the accused may, before pleading, claim to be tried separately in respect of any charge or charges in that charge-sheet, on the ground that he will be embarrassed in his defence if he is not so tried separately ; and in such...
Page 94 - If the court over- rule the special plea, they should proceed with the trial. (c.) If the court allow the special plea, they shall record their decision and the reasons for it, and report it to the convening authority and adjourn ; such...
Page 286 - States, and if any doubt should arise, not explained by said articles, then according to your conscience, the best of your understanding, and the custom of war in like cases; and you do further swear that you will not divulge the sentence of the court until it shall be published by the proper authority...
Page 114 - In the case of several accused persons to be tried separately , the court, upon one of those persons objecting to a member, may, according as they think fit, proceed to determine that objection or postpone the case of that person, and swear the members of the court for the trial of the others alone.

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