The Organisation of the Royal Naval Artillery Volunteers Explained

by Earl Thomas Brassey Brassey

COURTS OF INQUIRY.

Nature of.

45. A Court of Inquiry is not a judicial body; it has no power to administer an oath.

It is to be considered as a Board of which the Admiralty or an Officer in command of a Brigade or Corps may make use, to assist him in arriving at a correct judgment on any subject upon which it may be expedient to institute an inquiry.

Duties of.

46. The duties of a Court of Inquiry depend on the instructions which the convening authority may think proper to give.

It may be either employed merely in collecting and arranging evidence, or it may, in addition, be directed to give an opinion as to the facts established by that evidence; but it has no power to pronounce any judgment as to the course to be taken by the convening authority in dealing with those facts.

When facts connected with the conduct of an individual are submitted to the investigation of a Court of Inquiry, it is necessary that the instructions for the guidance of the Court should be sufficiently specific, as regards matter, names, dates, and places, to convey clearly to the Court the nature of the subject into which it is appointed to inquire, and also to enable the person whose conduct is called in question to know what he has to answer.

It rests with the authority who orders the assembly of the Court of Inquiry to decide whether it shall be open or closed.

All evidence taken by a Court of Inquiry is to be recorded as nearly as possible in the words of the witness and in the order in which it is received.

The proceedings when closed are to be signed by the President and Members, after which they are to be forwarded by the President to the convening authority.

May be re-assembled.

47. A Court of Inquiry may be re-assembled as often as the superior authority may deem necessary, and on every occasion of its meeting it is competent to receive and record new evidence.

Power of Commanding Officer to assemble.

The Commanding Officer of a Brigade is authorised to assemble a Court of Inquiry, to investigate any matter with which he himself has the power of dealing.