COURTS-MARTIAL IN IRELAND.

Manawatu Herald, Volume XLIII, Issue 2277, 17 May 1921, Page 4

COURTS-MARTIAL IN IRELAND.

In view of the many misleading statements that have been made with regard to courts-martial which try capital charges in Ireland, a high legal authority has given to the London Daily Telegraph' the following facts as to the constitution and procedure of these courts: Trials of civilians for offences punishable with death under the Restoration of Order in Ireland Act have been by. general court-martial. The court in each ease has consisted of a president not below the rank of lieuten-ant-colonel, and live officers not below the rank of captain. One of the members of (he court has always been a qualified lawyer. At each of such courts, in addition to the qualified legal member, there has been a judge advocate appointed by tho Judge Advocate General, who lma been a barrister of standing and experience of criminal cases in civil courts. The courts have always been open to the press, which has given full reports of the proceedings in the Irish papers. The general public have been admitted, except in so far as the safety of the court or witnesses rendered their exclusion necessary. The accused are entitled to be legally represented, and as a rule have availed themselves of this right by employing eminent-King’s Counsel of the Irish Bar for their defence. Counsel for the defence have repeatedly expressed in open court their appreciation of the fairness and impartiality with which the proceedings have been conducted. The prosecutions at the trial have been conducted either by one of the Irish law officers of the Crown or by English counsel. The rules of evidence before such courts-martial are the same as in the civil courts in Ireland, and the procedure at tho trial is similar. Of all such trials nearly 40 per cent, have resulted in acquittals of the accused. Even if the court convict, a sentence of death cannot be carried out until it is confirmed by the Commander-in-Chief, who first refers the proceedings to the Judge Advocate General for his report as to whether they arc in ad respects legally in order. In the event of the proceedings being confirmed, they are again considered with a view to the exercise of the Royal prerogative of mercy. ■