1
4
The witnesses should be sworn, and hearsay
evidence should not be admitted.
16. The officer acting as President at any such trial should make at the time a written record of
the proceedings, stating the following matters;-
The date and place of the trial;
The officers composing the Court;
The name, age, sex, and occupation of the prisoner;
The charge or charges;
The names of the witnesses, and the substance
of the evidence ;
The substance of the prisoner's defence; The finding and sentence of the Court; And should send such proceedings, signed by him, to the officer convening the Court; whose duty it will be to confirm the proceedings or not, as he shall think fit, and to carry into effect the whole or any part of the sentence (if any) awarded by the Court. The proceedings should afterwards be forwarded to the officer commanding the troops in the Colony, and by him be transmitted to the office of the Judge Advocate-General in London.
17. The convening officer may at his discretion reserve any offender who has not actuallyreceived punishment for the offence to be tried by the ordinary civil tribunal,
18. Courts-martial should not take cognisance of offences committed before the breaking out of insurrection.
19. No sentence of death should pass except by the judgment of two-thirds of the Court;
As sentences of Courts-martial may not avail beyond the term of Martial Law, no sentence of imprisonment beyond that term should be awarded, nor any sentence of penal servitude;
Corporal punishment should not exceed 50 lashes;
In awarding sentence the Court should be guided by all the circumstances of the case, and avoid unnecessary severity.
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PUBLIC RECORD OFFICE
C.O. 885
Reference -
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO