PROCEDURE PREPARATORY TO TRIAL.

Where a Specific Charge is made.

663. Application for Trial - Circumstantial Letter.- An application for the trial by court-martial of any person on any charge shall be made as follows

There shall be forwarded to the convening authority through the usual channels a letter, hereinafter called the circumstantial letter, reporting the circumstances on which the charge or charges are founded in the order of their occurrence, and in sufficient detail to show the real nature and extent of the offence ; when words constitute the substance of the offence, they are to be fully and exactly set out. The letter is not to refer in any way to the previous character or conduct of the offender, nor contain any reference to facts prejudicial to him other than such as bear directly on the charges.

663a. Circumstantial Letter.-

1. It is of the utmost importance that the circumstantial letter should state in the clearest possible terms the details of the facts upon which the charge is based, not only because it is intended to afford to the convening authority the information upon which a decision as to the desirability or not of ordering a court-martial must be based, but also because it is the means by which the accused is informed of the facts which are alleged against him. The charge must be specific in order to give notice to the accused of what he is to come prepared to defend.
2. Further Explanations.- If the complaining officer should desire to enter into further explanations as to his reasons for asking for a court-martial which would necessarily refer to the previous conduct or antecedents of the accused, he should do so verbally or by separate letter to his superior, which must not in any circumstances be laid before the court.
3. When Investigation by Captain not Desirable.- It is undesirable, in cases where the Captain of a ship may be required to sit as a member of a court-martial, that he should himself investigate a complaint, which, on the face of it, may be likely to form the subject of a charge for trial. The investigation in such a case should be undertaken by the Executive Officer, who is to sign the circumstantial letter and letter enclosing the charges, addressing both to the Captain. The Captain shall then forward them to his superior.
4. On stations where, on account of the small number of ships available, there is difficulty in obtaining the officers necessary to form a court, officers should be particularly careful in this matter, because an objection on the part of the accused to be tried, based on the fact that one of the members of the court had already investigated his case and expressed an opinion upon it, would be admitted by the court, and, no other officer of the necessary rank being available, a court-martial could not be held until another opportunity presented itself.

664. Accompanying Documents.- There shall also be forwarded at the same time as the circumstantial letter a further letter enclosing

1. The charge or charges drawn in accordance with the prescribed forms in the very words in which the offence is described in the section of the Naval Discipline Act under which it falls.

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2. A list of witnesses for the prosecution.
3. A summary of evidence in support of the charges.

And when the offender is below the yank of subordinate officer :-

4. A certified extract of all entries of offences and punishments in conduct book, or company conduct sheet in the case of a marine, prior to the date of the offence charged but subsequent to his joining his present ship, and a conduct sheet, or the corresponding part of a company conduct sheet in the case of a marine, with his character assessed from the previous 31st December to the date of the offence with which he may be charged, but excluding all consideration of it.
5. A certified copy of the offender's certificate of service.

664a. Scrutiny by Senior Officer.- A Senior Officer is not to forward the above documents to the convening authority until he is satisfied that the foregoing regulations have been attended to.

665. Opportunity to prepare Defence.- An accused person, for whose trial by court-martial an application has been made, shall be afforded full opportunity of preparing his defence, and of free communication with his witnesses, or with any adviser whom he may wish to consult.

2. Friend of the Accused.- Unless the person charged desires to conduct his own case, he may have a person or persons to assist him during the trial, whether an officer, legal adviser, or any other person. In case an accused, person below the rank of officer should not obtain the help of anyone for that purpose, it is to be considered part of the ordinary duty of the Officer of his division, or detachment if he is a marine, to watch the case in his behalf, and assist him should he desire it. See 678 (Functions of Friend of the Accused).

3. In the event of the Officer of the division or detachment being a witness for the prosecution, or unavailable, or ineligible for the duty for any other reason, the Captain is to direct another officer to assist the accused.

Where no Specific Charge is made.

666. Wreck, Loss, Destruction, or Capture.- The convening authority may, subject to any orders from time to time made by the Admiralty, on his own motion issue a warrant in the prescribed form in accordance with the provisions of Sections 91 and 92 of the Naval Discipline Act, convening a court-martial to inquire into the cause of the wreck, loss, destruction, or capture of one of His Majesty's ships.

2. No circumstantial letter shall be necessary, but if the convening authority shall have received from the Commanding Officer, or from the senior surviving officer of such ship, a report of the circumstances of the loss, &c., such report shall be sent with the warrant to the president of the court.

666a. When Survivors considered not to Blame.- A convening authority shall not issue his warrant convening a court-martial, under the provisions of Sections 91 and 92 of the Naval Discipline Act, to inquire into the cause of the wreck, loss, destruction, or capture of the said ship, unless, upon full consideration of all the available information, he shall be of opinion that there is no reasonable ground for thinking that any one or more of the survivors is to blame.

ii. When considered that Blame is attributable.-When in any case the convening authority shall, upon full consideration of all the available information, be of opinion that it is probable that any one or more of the survivors is to blame for the wreck, loss, destruction, capture, hazarding, or stranding, of one of His Majesty's ships, the convening authority shall direct the officer

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appointed by him to conduct the prosecution, tar prepare a circumstantial letter and charge or charges, and shall issue his warrant in the prescribed form for the trial of such one or more of the officers or crew under Sections 2, 5, or 29 of the Naval Discipline Act, as the case may be. See 703 (Use of Court of Inquiry).

DUTIES OF THE CONVENING AUTHORITY.

667. As to sufficiency of Charges and Evidence.- When it is proposed to try a person on any charge, the convening authority shall not order a court-martial to assemble until he shall have satisfied himself that the charges are correct and sufficient, and that they are properly framed and carefully drawn up, and until he has also satisfied himself that the evidence, if uncontradicted or unexplained, will probably suffice to ensure a conviction.

2. Warrant to President.- The convening authority. shall issue to the officer appointed by him to preside at the court-martial a warrant under his hand in the prescribed form, directing him to assemble a court-martial, and shall, when the court-martial is appointed to try any person on any charge, transmit to the president the circumstantial letter and the charge or charges with the warrant.

667a. Selection of President.- Should the rank of the person to be tried, or the character of the offence charged, be such as require that the court should be composed of officers of -standing and - experience, the convening authority is to be careful to select as president an officer of such seniority as may ensure the attendance of the officers of the highest rank who may be present with their ships at the place where the court-martial may be ordered to assemble; but should the nature of the offence be such as may be properly dealt with by officers of less experience, he may select any eligible officer to preside whom he may consider most desirable, with reference to the convenience of the Service.

ii. Spare Members.- The convening authority or the Senior Officer, as the case may be, must direct that the two officers next in seniority qualified to sit, or such further number as are likely to be required, shall present themselves as spare members when the court assembles.

668. Appointment of Officiating Deputy Judge-Advocate.- In any case the convening authority, if Commander-in-Chief of any fleet or squadron, may, in the absence of the judge-Advocate of the Fleet or his deputy, and in default of any appointment in that behalf by the Admiralty, by warrant under his hand in the prescribed form, appoint a person to officiate as deputy judge-advocate at the trial, and shall (except when the triad is to be held under Sections 91 and 92 of the Naval Discipline Act) send him a copy of the charge and of the circumstantial letter, and shall forward to him (or to the president for him) in all cases the documents mentioned in Article 664 (b) and (c), and in case of the trial of an officer, the list of officers who have been tried by court-martial, or a certified extract therefrom, and in the case of the trial of a person below the rank of subordinate officer, the documents mentioned in Article 664 (d) and (e).

2. Appointment of Provost-Marshal.- The convening authority, or, in his absence, the senior naval officer present, shall, by warrant under his hand in the prescribed form, appoint a provost-marshal to take the accused into his custody and safely keep him until he shall have been delivered in due course of law.

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3. When to appoint a Prosecutor.- It is the duty of the Captain of the ship to which the accused belongs in ordinary cases to act as prosecutor, but if for any reason it is undesirable or impossible for the Captain or Executive Officer of that ship to conduct the prosecution, the convening authority shall appoint a competent officer to undertake the duty.

CONSTITUTION AND SUMMONING OF THE COURT.

669. Constitution and Notice to be given.- Whenever a court-martial is ordered, such timely notice as may be practicable, and which, as a general rule, should not be less than 24 hours, shall be given in general orders or by signal to the ships present, so that the proper officers may be prepared to attend at the place and hour appointed. The names of the president and of the officers whose presence it is anticipated will be required are at the same time to be made known, and after such notice no officer junior to the president of a rank eligible to sit as a member is to proceed on leave of absence without the express authority of the officer ordering the court-martial, or of the senior officer present.

2. On the morning of the day appointed for the court-martial to be held, the Commander-in-Chief or senior officer present shall send to the president a list of the officers who are eligible and may be required to sit as members, notifying if there be any whose attendance is not attainable by reason of the exigencies of the public service. This list is also to give the names of any officers absent on leave.

3. Summoning Members.- The Commander-in-Chief or senior officer present shall, by signal, order the president to make a signal not less than one hour before the time appointed for the court-martial to assemble, summoning the officers junior to himself present at the place where the court-martial shall be held, to sit thereon, which latter signal shall be deemed to be a compliance with Section 58 (16) of the Naval Discipline Act.

670. Order in which Members shall sit.- Officers whose duty it may be to attend as members of a court-martial shall sit only in the confirmed rank they hold in the Service, notwithstanding they may be borne on the books of the ships to which they may respectively belong in a superior rank, but Commodores when not acting in conjunction with senior Captains shall sit as Commodores, otherwise as Captains only.

2. Any officer who, on promotion, may not be reappointed in the higher rank by the Admiralty, but who may temporarily retain his appointment in the lower rank, shall sit at courts-martial in the rank from which he was promoted, but senior of that rank; if, however, two or more officers promoted to the same rank and similarly circumstanced be present, they shall sit in the order in which they stood on the official list in their lower rank.

671. Absence of Member.-A member of a court who may have been absent during any part of the trial of an accused person can take no further part in the trial, but the court will not be affected except as provided by Section 60 of the Naval Discipline Act.

DUTIES OF THE PRESIDENT.

672. When officiating Deputy Judge-Advocate appointed by President, If the president appoints a person to officiate as deputy judge-advocate, he shall forward to him, with the warrant, a copy of the charge or charges and circumstantial letter.

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2. Responsibility in regard to Accused.- In every case in which any person is about to be tried on any charge the president shall satisfy himself that the accused has been furnished, at the earliest possible moment, with a copy of the charge sheet and of the circumstantial letter, a list of witnesses for the prosecution, and a notice that it is competent for him to give evidence on his own behalf.

3. When less than 24 hours' Notice.- If, in pressing circumstances, where delay would be very inconvenient to the public service, the above-mentioned documents shall not have been furnished to the accused 24 hours before trial, this fact shall be recorded in the minutes of the proceedings, together with a statement of the pressing circumstances which prevented their being so furnished.

4. In case of Mutiny.- Notwithstanding anything herein contained, in the case of mutiny the trial may take place immediately after the commission of the offence.

5. Appointment of Officer of Court.- The president shall appoint an officer to be officer of the court, and shall give him such orders as may be necessary for the due transaction of the business of the court.

6. Responsibility as to Court and Trial.- The president shall be responsible for the due constitution of the court and for the trial being conducted in accordance with the provisions of the Naval Discipline Act in force for the time being, with the general orders framed thereunder, and with any supplementary orders given by the Admiralty.

7. Questions to Witnesses.- In the event of there being no prosecutor, the court and the judge-advocate shall ask such questions of the witnesses as may be necessary to bring the whole case fully before the court.

DUTIES OF THE JUDGE-ADVOCATE.

673. Duty to Accused and to Prosecutor.- The judge-advocate shall give notice in writing to the accused of the time and date of the trial, and that it is competent for him to give evidence on his own behalf. ` He shall also cause the accused to be furnished with a copy of the charges, circumstantial letter, the list of witnesses for the prosecution, and, if the prosecutor should at a later stage desire to call any further witnesses, the judge-advocate shall give the accused immediate notice of his intention to do so. He shall also inform the accused that any witnesses whom he may desire to call shall be summoned on his behalf, and shall inform the president that he has performed these duties. The judge-advocate shall inform the prosecutor of the date and time of the court-martial and request him to forward certified copies (in case of an officer) of any of the documents mentioned in Article 698 (a) (ii), and (in the case of a person below the rank of subordinate officer) of the documents mentioned in Article 698 (b) (i). He shall also forward to the prosecutor a copy of the charges if the charges submitted have been amended by the convening authority.

2. Attendance of Witnesses. The judge-advocate shall take the necessary steps to procure the attendance of the witnesses whom the prosecutor or the accused may desire to call, and whose attendance can reasonably be procured, serving them with a summons in the prescribed form under Section 66 of the Naval Discipline Act. Should it appear that any witness has been summoned without due cause, the person requiring the attendance of such witness may, at the discretion of the Admiralty at home, or Commander-in-Chief abroad, be required to refund the cost of such attendance.

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Expenses of Witnesses.- Without prejudice to this provision, the payment of reasonable expenses of the witnesses not subject to the Naval Discipline Act, who may have been summoned to give evidence at a court-martial, shall be made by the judge-advocate, who shall be repaid under the direction of the president by the Accountant Officer of the Flag or Senior Officer's ship at the port where the court-martial may be assembled; and the judge-advocate shall report to the Secretary of the Admiralty the particulars of all such payments when the minutes of the proceedings are forwarded or as soon after as may be.

3. Duty to Prosecutor and Accused.- At all times after the judge-advocate has been appointed, the prosecutor and the accused shall, if they ask for it, be entitled to his opinion on any question of law relating to the charge or trial, subject, should he be in court, to the permission of the court.

Defect in Charge or Constitution.- Whether consulted or not, he shall inform the convening authority and the court of any informality or defect in the charge, or in the constitution of the court.

4. Advice to Court.- The judge-advocate shall, whether his opinion is asked or not, advise the court to the utmost of his knowledge and ability, not only on questions relating to naval law and to the procedure of courts-martial, as they arise, but also on every question of doubt or difficulty with reference to common and statute law, to the law and rules of evidence, and to the rules and regulations of the Service generally.

Any information, advice, or opinion, given to the court on any matter before it, shall be entered in the proceedings, if he, or the court, desire it.

5. Impartiality and Protection of Accused.- The judge-advocate shall maintain an entirely impartial position. He shall nod act as prosecutor. He shall take care that the accused does not suffer any disadvantage in consequence of his position or of his ignorance, or of his incapacity to examine or cross-examine witnesses, or of any other cause, and for that purpose, with the permission of the court, he may call witnesses and put such questions to any witness as may appear necessary to elicit the truth.

6. Minutes.- The judge-advocate shall be responsible for the due recording of the minutes in the prescribed form. He, or the shorthand writer, shall take down in writing and number consecutively the questions put to, and the answers given by, each witness, and shall read the same in the hearing of the witness, when required to do so, in order that any mistake may be corrected. No erasures are to be made in the minutes, and all corrections or interlineations are to be verified by his initials.

PROCEDURE AT THE TRIAL.

674. Place of Courts-Martial.- Courts-martial shall be assembled and held in the convenient part of the ship, and shall be public, and all persons, except such as may be summoned to give evidence, shall be admitted.

675. Opening Court.- As soon as the court has been assembled the accused shall be brought in and the prosecutor and audience admitted. The judge-advocate shall read the warrant for assembling the court and the names of the officers whose attendance is stated in the list furnished under Article 668, clause 2, not to be attainable, together with the reasons for their absence.

2. Objections by Prosecutor.- The judge-advocate shall read the names of the officers composing the court, and shall ask the prosecutor whether he objects to any of them.

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3. Objections by Accused.- If the prosecutor shall have made no objection or after any objection made by the prosecutor has been disposed of, the judge-advocate shall ask the accused if he objects to any member of the court.

The following provisions shall apply to the case of objections both by the prosecutor and the accused.

4. No Objection to Judge-Advocate.- Neither the prosecutor nor the accused can object to the judge-advocate.

5. Any member may be objected to on any ground which affects his competency to act as an impartial judge.

6. Objections to Members shall be decided separately, that to the officer lowest in rank being taken first. All the other members, whether objected to or not, shall vote as to the disposal of the objection.

7. When Allowed.- On an objection being allowed, the member is at once to retire, and his place is to be filled up before an objection against another officer is considered.

8. Objection to President.- Should the president be objected to, and the objection be allowed, the court is to adjourn until a new president has been appointed by the convening authority.

9. Member summoned as Witness.- Should a member be objected to on the ground of being summoned as a witness, and should it be found that the objection has been made in good faith, and that the officer is to give evidence as to facts, and not merely as to character, the-objection should be allowed, whether made-by the prosecutor or by the accused. Should, however, it be found that the officer was summoned to give evidence without a sufficient cause, and merely to disqualify him from sitting, the court is to exercise its discretion in regard to allowing the objection.

676. Objection to Constitution.- The judge-advocate shall then ask the accused whether he has any further objection to make respecting the constitution of the court. Should he raise any objection, it shall then be decided by the court.

2. Court and Judge-Advocate sworn.- If the accused should have no further objection to make to the constitution of the court, the members and the judge-advocate shall then take the oaths in the manner prescribed by the Naval Discipline Act.

677. Commencement of Trial.- The trial shall commence by the judge-advocate reading the charge and the circumstantial letter.

678. Friend of the Accused.- A person assisting an accused person may advise him on all points, may by permission of the president, bill. not otherwise, on behalf of the accused examine and cross-examine witnesses other than the accused himself, may in every case, however, suggest to the accused questions to be put to witnesses, and may read the accused's defence or statement in mitigation of punishment, but he is not to address the court.

679. Procedure on Plea of Guilty.- The accused shall not be called on to plead to the charge or charges, but should he voluntarily plead guilty, his plea is to be recorded on the minutes. If the accused pleads guilty, he shall be deemed to have admitted the accuracy of all the material statement contained in the circumstantial letter. In such a case, before the court proceeds to deliberate on the sentence, the accused may make a statement in mitigation of punishment; if written, it must be signed by himself, and shall be read to the court and attached to the proceedings. Should this statement, in the opinion of the court, amount to a plea of " Not Guilty," or should the court be satisfied by such statement, or by any other means, that the accused does

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not understand the effect of a plea of " Guilty," or should the court be of opinion that the circumstances of the case are such that the proper sentence cannot be awarded unless the facts are investigated, such plea of " Guilty " is not to be accepted, but the trial is to be proceeded with as if the accused had not pleaded. If, however, the statement is, in the opinion of the court, not inconsistent with a plea of " Guilty," and if the court is satisfied that the accused understands the effect of such a plea, and that no further investigation is required, such plea is to be accepted.

682. Calling of Witnesses.- If the accused does not voluntarily plead guilty, or if his plea of guilty is not accepted, the trial shall proceed, and the witnesses for the prosecution shall be called. No witness whose name was not included in the original list of witnesses shall be called by the prosecutor, unless the judge-advocate has given notice to the accused that he intends to call such witness. See 686, clause 5 (Additional Witnesses).

681. Interpreter.- At any time during the trial, should the court think it necessary, or should either the prosecutor or the accused request it on any reasonable ground, an impartial person shall be employed to act as interpreter, and sworn in due course.

2. Shorthand Writer.- At any time during the trial, should the court think it desirable, an impartial person or persons may be employed to act as shorthand writer, and duly sworn.

682. Objection to Interpreter or Shorthand Writer.- Before a person is sworn as interpreter or shorthand writer the accused should be informed of the person whom it is proposed to employ, and may object to such person as not. being impartial; and the court, should it think such objection reasonable, shall not swear that person as interpreter or shorthand writer.

2. Reading over Notes.- If a shorthand writer is employed. the evidence given by a witness shall, when required by the court or the witness, be read over to him by the shorthand writer before the witness leaves the court.

3. Transcript.- The transcript of the shorthand writer's notes, made and signed by him, and certified as such by the judge-advocate, shall constitute the original proceedings of the court.

682a. Disposal, &c., of Notes and Transcript.- In order to prevent any unauthorised publication of the proceedings, the transcribing of the notes is to be made under the supervision of the judge-advocate, and only one transcript is to be. made, unless otherwise ordered by the court, and the notes when transcribed are to be delivered with the transcript to the judge-advocate, and are to accompany the proceedings when sent to the Admiralty.

683. Manner of administering Oath.- No witness shall be examined until he has been duly sworn. Except as hereinafter provided, the oath shall be administered in the following manner :-

The person to be sworn shall take a book containing the Old or New Testament, as the case may be, in his right hand ungloved and shall distinctly and solemnly repeat after the judge-advocate the words of the oath, and after saying the words " So help me God," shall reverently kiss the book.

2. Forms of Oath.- Except as hereinafter provided, all persons shall be sworn on the New Testament ; the forms of oath to be made use of shall be as follows :-

684. Other forms of Oath.- In all cases where the above forms of oath are not binding on the conscience of the person to be sworn, such person shall be sworn in such form as he may declare to be binding on his conscience.

THE EXAMINATION OF WITNESSES.

685. Presence of Witnesses in Court.- Witnesses must not be present in court during any part of the proceedings, unless by permission of the court, except when under examination, and except when the court re-opens for reading the finding and the sentence.

2. Prosecutor as Witness.- The prosecutor is a competent witness ; but when there are other witnesses to the facts`, his evidence shall -be taken first. He may be recalled for examination, or re-examination, by the court, or for cross-examination by the accused, during any part of the proceedings, but not for the purpose of giving evidence of any additional fact in support of the case for the prosecution.

3. Members of Court as Witnesses.- A member of the court, whether previously objected to or not by either side, is not necessarily disqualified

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from being examined as a witness should it be found in the course of the proceedings that he can give material evidence.

686. Examination of Witnesses.- The examination of all witnesses shall be oral, and, except in the case mentioned in Article 687, shall be taken in the presence of the court. Unless a strong reason to the contrary exists, the evidence of witnesses shall be taken at one examination in regard to all the charges.

2. Order of Examination, &c.- The examination of all witnesses shall be conducted as follows : First, they shall be examined by the person calling them ; after which, they may be cross-examined by the opposite party, should he desire to do so ; then re-examined by the person calling them, but only on matter arising out of the cross-examination; and, finally, examined by the court and judge-advocate.

3. Postponement of Cross-examination.- On the application of the accused the court shall allow his cross-examination of a witness to be postponed, unless it should appear that the request had been made for the purpose of obstruction.

4. Questions by Court and Judge-Advocate.- In addition to exercising the right of examination above conferred, the court and the judge-advocate may put questions to any witness at any period of his examination for the purpose of elucidating any answers previously given by him.

5. Recall of Witness and calling of Additional Witnesses. The court, and the judge-advocate with the consent of the court, may at any time during the trial recall a witness; and may before the accused gives evidence, or is called on for his defence, also call and examine any other person touching the matter in question, whose evidence the court may deem necessary for the furtherance of the ends of justice. After the close of the case for the defence, they may call and examine any other person whose evidence the accused may show to the court to be material in his behalf, or any medical officer whose professional opinion as to the accused's condition the court may desire to have.

6. When Prosecutor must call Witnesses.- The prosecutor is not bound to call all the witnesses whose names are on the list given to the accused, but he shall call such of them as the accused may desire to be called, in order that the accused may cross-examine them, if he wishes to do so. Such witness or witnesses shall be called before the prosecution is finally closed.

687. Witness unable to appear.- If any material witness should be in hospital, or otherwise unable from sickness to appear before the court, the court shall adjourn, and his evidence shall be taken on oath before a magistrate or consul, in the presence of the judge-advocate, of the accused, of the accused's adviser, should there be one, and of the prosecutor; and full opportunity shall be afforded of cross-examining the witness. The judge-advocate shall take down the evidence, as in the case of other witnesses, and on his return to the court shall lay before it the evidence which has thus been taken, and shall attach it to the minutes.

688. Question objected to.- Should a question proposed be objected to, the opinion of the court shall be taken, and the question shall be admitted or rejected as the majority may decide. The fact of the objection being made, the ground thereof, and the decision of the court shall be recorded in the minutes.

689. Prevarication by Witness.- If at any time it appears to the court that any witness is prevaricating in his evidence or behaving with contempt, the president shall warn the witness that under Section 66 of the Naval Discipline Act he is liable to imprisonment or detention for such prevarication or contempt.

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The fact that this warning has been given shall be recorded in the minutes of proceedings.

DIRECTIONS AS TO EVIDENCE IN SPECIAL CASES.

Charges of Loss, Stranding, or Hazarding H.M. Ships.

690. Special Directions.- If a court-martial should be ordered to inquire into the loss, stranding, or hazarding of a ship, or to try a charge arising there -I from, the following points in addition to the customary investigation, are to be attended to when practicable :

1. Documents to be Produced.- The ship's log book and deck log book ; the last table of compass deviations ; the subsequent observed deviations of the compass at sea, and the compass journal, as directed in Article 1004 ; the Captain's night order book; the Navigating Officer's note-book-and work-book; and the chart or charts and sailing directions by which the ship was navigated are to be produced.
2. Procedure by Court.- The court shall ascertain whether the proper chart and 'all hydrographical notices bearing on the case had been supplied, and, if so, whether they had been used; whether the position of the ship had been fixed, if at sea by means of observations at noon and at any later time, if in sight of land by means of fixes by the land ; if not, when it was last ascertained so correctly. that reliance should have been placed on it ; and whether the courses steered by standard compass, and the distances run between the time when the position of the ship was last correctly ascertained and that of the occurrence, were noted in the deck log book. The court shall also examine the compass journal to ascertain the degree to reliance that can be placed on the deviations of the standard compass.
3. Ship's Reckoning.- The court shall direct one or more navigating or other competent officers of ships present to work up the ships reckoning from the log and the Navigating Officer's note-book and workbook (Article 1028), and the rough and fair engine-room registers, from the time when her position was last accurately ascertained (or from such a time and with such details as the court may require) to the time of her taking, or being in danger of taking, the ground; the result is to be delivered to the court, attested by the signature of such officer or officers, and to its accuracy he or they are to be sworn and to be subject to cross-examination. The positions of the ship, so determined, are to be laid off on the chart by which she was navigated, and also the determined position when ashore or in danger, as noted in the log book. The rate and direction of the current and of the tidal stream, and the time of tide should also if possible, be ascertained, stated, and equally verified on oath.
4. Documents to accompany Minutes.-These documents, viz., the result and the chart, as well as an attested copy of the ship's log book and the engine-room register, commencing from at least 48 hours before the ship took the ground or was in danger, if so long from a known anchorage, are to accompany the minutes.
5. Inquiry as to Soundings.-The court shall inquire whether the regulations contained in Article 982, with regard to the use of the sounding machines and hand leads, were carefully observed.

690a. Documents admissible in Evidence.- Sailing directions and similar documents which are issued officially for the information of the Fleet are

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admissible in evidence for or against persons whose duties require them to be conversant with their contents.

ii. At courts-martial held under Sections 29 or 92 of the Naval Discipline Act, affidavits or statutory declarations made by officers or others having special local knowledge of navigation, may by permission of the court be put in evidence by the person or persons on trial, but not by the prosecutor. It should, however, be borne in mind that such statements have not been tested by cross-examination.

691. Examination of Officers working out Reckoning.- The examination of the officer or officers, who have been directed to perform the duty mentioned in Article 690 (c) is to be limited to ascertaining the accuracy or inaccuracy of the document thus laid before the court.

Charges of Drunkenness.

691a. Definition of Drunkenness.- In cases of trial on a charge of drunkenness, where conflicting or indecisive evidence is given, it may sometimes be very difficult to arrive at a satisfactory conclusion. The proper meaning to be attributed to the word " Drunk " in such a charge is this-that through the intoxicating effect of liquor, the accused was unfit to be entrusted with his duty. On the one hand, it is not necessary for the prosecution to prove that the accused was through liquor in any extreme condition; nor is the accused necessarily entitled to an acquittal by showing that on the occasion in question he could, or actually did, do some particular duty without manifest failure. If, upon consideration of all the evidence, the court comes to the conclusion that he was, through the intoxicating effect of liquor, unfit to be entrusted with his duty, they should find him guilty of the charge. If, on the other hand, in the opinion of the court, it is not satisfactorily proved that the accused was, through the intoxicating effect of liquor, unfit to be entrusted with his duty, then, notwithstanding they may infer from the evidence that he had drunk more than usual, they ought to acquit. It is not considered there is any offence of the same class as drunkenness involving a less degree of punishment so as to admit of a modified finding by the court under the general power given by Section 48 of the Naval Discipline Act.

When Medical Opinion desirable.- The responsibility for deciding in the first instance in cases of alleged drunkenness whether an officer or man is in a fit state to perform his duties rests with the Commanding Officer; but in a case of this nature, should there be any doubt as to the reason of the accused's condition, it is desirable that the opinion of the Medical Officer should be obtained at once. Otherwise a plea of sickness might be brought forward at the court-martial or other later investigation, and the omission of this precaution may be taken advantage of by the accused with the result that a guilty person may escape the punishment due to his offence.

Charges of Striking.

ii. Medical Evidence.- In charges of striking or using violence the evidence of the Medical Officer must very often be of the most material assistance to the court in determining where the truth lies in a considerable body of absolutely conflicting evidence, and it is undesirable that his being called or not should be left to the chance of the accused asking for his evidence. As a general rule, therefore, in all such cases where the accused or the person struck has been attended by the Medical Officer of the ship, the prosecution should call the latter as a witness.

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Inadmissible Evidence.

iii. The "Summary of Evidence " which is supplied to the judge-advocate is not in any circumstances to be brought by him or the prosecutor to the attention of the court.

iv. An Admission or Confession made at the preliminary investigation is admissible in evidence provided that when at the preliminary investigation the accused was asked whether he wished to make any statement he was warned that it might be given in evidence against him.

v. Statements at Preliminary Investigation.- Evidence is not to be given by the prosecutor of statements made by the witnesses at the preliminary investigation, unless such statements lead up to a confession or denial on the part of the accused; but this instruction must not be construed so as to prevent witnesses being cross-examined with the object of showing that the evidence given to the court is inconsistent with the statements made at the preliminary investigation.

vi. Antecedents of the Accused.- No statement relating to misconduct on the part of the accused, other than that with which he is charged, is to be made to the court before the finding, it being generally contrary to the recognised procedure of courts of justice for the prosecution to urge the previous bad conduct of the accused as an element in determining the question of his guilt; such conduct is only taken into consideration when punishment is being awarded. In cases in which the previous conduct of the accused may be admissible in proof or in disproof of the charges, it is open to the prosecution or to the defence to adduce evidence which may be rebutted or cross-examined upon in the course of the trial.

vii. Circumstantial Letter.- No portion of the circumstantial letter shall be accepted as evidence of the facts stated therein, except in case of the accused pleading guilty.

viii. Court of Inquiry.- Neither the minutes of a court of inquiry nor any confession, statement, or answer to a question made or given thereat shall be admissible as evidence against the accused, unless the charge is one of making false statements before such court.

THE DEFENCE.

692. Time for Preparation.- The prosecution being closed, and the witnesses, if any, called by the court, having been examined, the accused shall be called on for his defence, and shall, on his application, be granted a reasonable time for the preparation of the same. The court shall adjourn during that time, and may adjourn again from time to time on the application of the accused if he shall satisfy the court that the time granted him has not been sufficient for the due preparation of his defence.

692a. Latitude allowed.- The president must take care that considerable latitude is allowed to the accused in making his defence. He may caution the accused as to the irrelevance of his defence, but should not stop him, unless he should persist in disregarding the caution given to him.

693. When to be made.- The accused's statement in defence may be either oral or in writing; if oral, it shall be recorded in the minutes as nearly as possible in the accused's own words; if in writing, it shall be signed by him, and attached to the minutes. Such statement shall be made or read, if the accused elects to give evidence and is the only witness for the defence, immediately after he gives evidence ; in all other cases, after the close of the case for the prosecution, and before he himself gives evidence.

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2. Criminal Evidence Act.- The Criminal Evidence Act, 1898; is hereby, pursuant to Section 6 (2) (a) of the said Act, applied to naval courts-martial.

3. Witnesses for Defence. The accused shall produce his other witnesses for the defence after he has given his own evidence; but should the accused not have applied to be examined as a witness, he is to be called on to produce his witnesses after he has made his statement in defence. The witnesses for the defence shall be examined, cross-examined, and re-examined as mentioned in Article 686, clause 2.

4. Accused's right to reply in certain cases,- The accused may, .with the consent of the court, after the conclusion of the evidence, deal with any discrepancies between his evidence or statement and the evidence of the witnesses called by him, and comment on any new fact that may be elicited during the examination of his witnesses.

5. Courts-Martial under Sec. 92 of N.D.A.- In applying the above provisions to the case of a court-martial held under Section 92 of the Naval Discipline Act, they shall be construed as if the words " any officer or member of the " crew of any of His Majesty's ships wrecked, lost, captured, or destroyed, " against whom any allegation has been made," were substituted for the word " accused."

AMENDMENT OF THE CHARGE.

694. If at any time in the course of a trial after the court has been sworn, but before the accused's guilt or innocence has been determined, the court shall be satisfied that there is a variance between the charge or charges and the evidence adduced in support thereof, and shall consider that such variance is not material to the merits of the case, and that the accused cannot, by the amendment of the variance, be substantially prejudiced in his defence, it may direct the judge-advocate to amend the charge or charges, adjourning, if the court deem it necessary, for a reasonable time, to enable the accused to meet the charge or charges so amended. All such amendments shall be noted in the minutes, and shall be verified on the original documents by the signature of the president.

ASCERTAINING OPINION OF THE COURT.

695. In taking the opinion of the court upon all questions the junior member shall vote first, and then the other members, in order of seniority to the president, all voting orally, and the votes of the majority, except for judgment of death (which is specially provided for by Section 53 (2) of the Naval Discipline Act), shall decide the question. Should the members disagree upon any question, and on a division the votes be equal, the construction most favourable to the accused shall prevail. See 699 (Voting on Sentence).

THE FINDING.

696. When the evidence has been closed the accused shall be removed, and the prosecutor and bystanders ordered to withdraw. The court shall then consider the matter in evidence before it, and the judge-advocate, if so directed by the court, shall draw up such questions as shall be agreed upon, whereon to form a determination in regard to the innocence or guilt of the accused. The judge-advocate shall then draw up the finding.

2. Signatures.- The finding shall be signed by every member of the court by way of attestation notwithstanding any difference of opinion there may have been among the members, and be countersigned by the judge-advocate.

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697. Reading of Finding.- The court shall be re-opened, the accused brought in, and the judge-advocate, by direction of the court, shall read the finding.

698. Guilty.- If the accused is found guilty, the court, before awarding punishment, in addition to any oral evidence of general character that may be adduced, shall take into consideration the following documents which shall be read in open court :

1. In the case of an officer

1. Any entries against him in the list of officers who have been tried by court-martial.
2. Any previous entries against him in the log of the ship to which he may have belonged when the offence or offences for which he is being tried were committed, and also any documents, other than such entries in the log, of the nature of a definite censure by superior authority for a definite offence; which log and documents the prosecution is to produce.
3. Any certificates or other documentary evidence of character which the accused may produce.

1. In the case of a person below the yank of subordinate officer

1. The entries against him in the conduct book, or company conduct sheet in the case of a marine, prior to the date of the offence charged, but subsequent to his joining his present ship.
2. His certificate of service.
3. His conduct sheet, or the corresponding part of a company conduct sheet in the case of a marine, with character assessed from the previous 31st December to the date of the offence for which he may be under trial, but excluding all consideration of it.

THE SENTENCE.

699. Voting.- The court shall then be cleared, and the members shall consider and determine on the punishment proper to be inflicted in conformity with the finding. All the members of the court, whether they have voted for an acquittal or not, shall vote on the question of what punishment is proper to be awarded for the offence of which the accused has been found guilty. In the event of the votes varying so considerably as not to give an actual majority in favour of the award of any given punishment, the president shall call on the members to revise their votes.

2. Notations of conduct of Witnesses, &c.- If the court should desire to draw attention to the conduct or manner of giving evidence of any witness, an entry to that effect should be made on the minutes after the sentence, of which latter it is not, however, to form any part, unless sentence is passed on such witness under Section 66 of the Naval Discipline Act.

3. Other Representations.- Except as above, all representations which the court may desire to make with reference to matters arising out of the court-martial are to be made the subject of a separate letter signed by the president before the court has been dissolved, and are not to form part of the recorded proceedings of the court.

699a. Courts-martial are recommended

1. Corporal Punishment.- Not to include the award of corporal punishment or birching in any sentence. In the event of a court-martial awarding such punishment,* it is not to be carried out without the previous approval of the Admiralty.

� The infliction of corporal punishment is at present suspended.

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2. Imprisonment.-Not to award imprisonment when the offender will be retained in the Service, except as provided in sub-clause (c).
3. Detention.-Not to award detention when several sentences of detention have previously been served without effect, nor in parts of the world where there are neither naval nor military detention establishments in which the offender can be confined.
4. Not to award detention when the offender will not be retained in the Service.

1. Solitary Confinement.- Sentences of imprisonment are not to direct that the prisoner shall be kept in solitary confinement.
2. Placing Officers at bottom of List.- No officer is to be sentenced to be placed permanently or for a specified period at the bottom of the list of his rank, but this regulation is not to prevent an officer being sentenced to be placed at the bottom of the list, allowing him to rise from the date of the court-martial.
3. Effect of deprivation of Seniority.- The sentence of a court-martial placing an officer at the bottom of the list of his rank will involve the loss of all previous time of service in that rank ; so also when the sentence of a court-martial may take away any seniority from an officer, it will thereby affect his full and half or retired pay, or pension, in cases where the same depend upon seniority ; and it will carry with it the loss of the benefit of the service included in the seniority forfeited in cases where the full, half or retired pay, or pension, depend upon actual service ; but although the time will be forfeited, it will be considered as service in reference to compulsory removal from the active list.
4. Dismissal with Disgrace.- Whenever an option is left by the Naval Discipline Act, the sentence of dismissal with disgrace from His Majesty's Service should, as far as possible, be reserved, in the case of officers, for the punishment of offences of a disgraceful nature, which render the offenders utterly unfit to serve His Majesty again in any naval, military, or civil service, or to associate with officers and gentlemen.

Great discrimination should be exercised in awarding this sentence to petty and non-commissioned officers, seamen and marines, in order. to prevent the sentence from losing its effect by being used as a punishment for offences which are not, according to the custom of the Service, regarded as " disgraceful."

Dismissal and Forfeitures.-A court-martial has always the power to sentence an offender to dismissal from His Majesty's Service, without, however, sentencing him to dismissal from His Majesty's Service " with disgrace " (except in the case of an officer convicted on a charge drawn under Section 28 of the Naval Discipline Act of cruelty or of any scandalous or fraudulent conduct, in which case the offender must be dismissed with disgrace from His Majesty's Service). The court also has power, under Section 52 (10) of the Naval Discipline Act, to award the whole or any part of the forfeitures which, under Section 53 (6) of that Act, accompany dismissal with disgrace.

700. Drawing up Signature and Pronouncement of Sentence.- The judge-' advocate shall draw up the sentence in the prescribed form ; it shall be signed by every member of the court by way of attestation, notwithstanding any difference of opinion there may have been among the members, and shall be countersigned by the judge-advocate. The court shall then be re-opened, and the accused brought in, and the judge-advocate shall, by direction of the court, pronounce the sentence. The accused shall be removed and the court dissolved.

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2. Report to Commander-in-Chief.- As soon as the court has been dissolved, the president is to wait upon the Commander-in-Chief or Senior Officer with a letter reporting the finding and the sentence of the court-martial.

3. The Commander-in-Chief or senior officer present, before he takes any step to give effect to the sentence, either by issuing his certificate for the keeping of the accused in penal servitude or warrant for his imprisonment or detention, or otherwise, shall satisfy himself, by a careful examination of the minutes of the proceedings, that no fatal error has been committed in the conduct of the court-martial, calculated, in his opinion, to invalidate the finding of the court-martial. If he should doubt the correctness of the finding, in fact or in law, or the legality of the sentence, he shall suspend the execution of the sentence pending reference to the Admiralty. See 701a, clause viii. (Cases of Doubtful Legality).

EXECUTION OF SENTENCE

700a. Death.- When sentence of death is to be executed upon any criminal, notice shall be previously given from the ship by a signal, and by firing a gun, upon which the Captains of all ships present shall summon their ships' companies upon deck to witness the punishment, and shall make known to them the crime for which it is about to be inflicted.

ii. Penal Servitude.- If a court-martial awards a sentence of penal servitude, a certificate for the keeping of the prisoner in penal servitude must be issued either by the Admiralty, the Commander-in-Chief, or the officer ordering the court-martial. The senior officer present, unless in command of the station, or unless he ordered the court-martial, has not any authority to sign such certificate. When the necessary certificate has been issued the prisoner is to be sent to the civil prison nearest the port where he is convicted or disembarked.

iii. Warrant for Imprisonment or Detention.- The Admiralty, or the Commander-in-Chief, or the officer ordering the court-martial shall in every case issue a warrant in the prescribed form for the imprisonment or detention of the person sentenced. By virtue of Section 74 (2) of the Naval Discipline Act, such warrant may, in cases where by reason of a ship being at sea or off a place at which there is no proper place of confinement, direct that the offender shall be sent to the lawful place of confinement named therein, and that the period of his sentence shall commence on his arrival there, subject to a deduction from his sentence of any time during which he has been kept in confinement in respect of the said sentence. The senior officer present, unless in command of the station or unless he ordered the court-martial, has not any authority to sign such warrant.

iv. Every person upon whom a sentence of penal servitude, imprisonment or detention has been passed shall be kept in naval custody until the certificate or warrant mentioned above has been issued. See 732 (Naval Custody).

v. Change of Place of Imprisonment or Detention.- Where the Commander-in-Chief considers it desirable that a prisoner or person under detention should be sent to England to complete his sentence, he shall issue his warrant for that purpose. In such case the warrant must be forwarded to the Admiralty when the offender is sent to England, in order that an attested copy of it may be made as the authority for the governor or other officer in charge of the place of confinement to which the offender is transferred to receive and detain him. '

vi. Discharge from Prison or Detention.- Where 1t is desired under the provisions of Section 78 of the Naval Discipline Act to discharge .from custody an offender undergoing a sentence of imprisonment or detention, or to direct

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that he shall be delivered over to naval custody for the purpose of being brought before a court-martial, either as a witness or for trial or otherwise, a warrant shall be issued for that purpose This warrant can only be issued by the Admiralty or the Commander-in-Chief on a foreign station in the case of an offender undergoing a sentence of imprisonment or detention inflicted by court-martial, but may be issued by the Commanding Officer of the ship in the case of an offender sentenced by him.

DISPOSAL OF MINUTES OF PROCEEDINGS

701a. Documents to accompany.- The original minutes of the proceedings are always to be accompanied by the original documents which were taken into consideration of the court, or an attested copy, or extracts from them.

ii. Mode of making up.- In making up the proceedings the sheets are to be securely fastened together and numbered consecutively.

iii. Order of Documents.- All documents which accompany the minutes of proceedings of naval courts-martial (such as the warrant for holding the court, the charge sheet, the circumstantial letter, the accused's defence or statement in mitigation of punishment, the copies of the accused's certificates, the conduct sheet, or copy of company conduct sheet, the extract from the conduct book, the original shorthand writer's notes and the transcript thereof, &c., &c.) are, if possible, to be inserted in their proper places in the minutes, in sequence with the record of what has gone before, so that the whole may be read in the exact order in which everything took place in court.

iv. In order to do this, it will frequently be found necessary to leave part of a page blank, in which case a line should be drawn transversely from left to right across the vacant space.

v. Sending original Minutes to Admiralty.- If the senior officer present should deem it expedient to send the original minutes of the proceedings direct to the Admiralty, the judge-advocate shall make a transcript of these documents and send it through the senior officer to the Commander-in-Chief ; but in cases where the Commander-in-Chief may be required to carry the sentence into execution, the original proceedings are to be sent to him in the first instance, for transmission to the Admiralty in due course.

vi. If the sentence, or any portion of it, should have to be carried into effect in England under the' authority of the Admiralty, the original minutes should invariably be sent in time to get there before the person under sentence.

vii. Separate Minutes.- The minutes of each particular court-martial are to be forwarded separately, except when more than one court may have been necessary for the trial of several persons for participation in one and the same offence.

viii. Cases of Doubtful Legality.- The Commander-in-Chief shall in every case point out to the Admiralty any portion of the sentence, or of the proceedings generally, which may appear to him of doubtful legality. See 700, clause 3 (Legality of Sentence).

ix. Commander-in-Chief's Observations.- The proceedings of a court-martial are to be forwarded to the Admiralty in a docket sheet, filled up in the prescribed form, any observations which the Commander-in-Chief may wish to make being written in the place for " Report or Submission."

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