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Special Committee Defence Bill, 1951 debate -
Wednesday, 30 Apr 1952

SECTION 247.

Question proposed : " That Section 247 stand part of the Bill."

" Evidence of conviction or acquittal by a civil court "—that is in perfect order, also.

Question put, and agreed to.
SECTION 248.
Question proposed : " That Section 248 stand part of the Bill."

Would the Minister be able to enlighten us as to what exactly is meant by " original proceedings of a court-martial purporting to be signed". What is comprised in the proceedings of a court-martial ?

The proceedings commence with the convening order and there is the usual certificate of medical fitness to stand his trial ; the charge sheet ; the evidence taken down ; the finding ; the summary of evidence is then added ; the sentence and any exhibits—in the ordinary way, somewhat similar to the civil courts.

The only point I am worried about is how far the summary can be used as evidence.

It cannot be used as evidence in the trial if the plea is " not guilty " but it does become part of the proceedings. It is added. At least it used to be added. It is like depositions.

That is exactly what I am getting at—whether it would not be wise to include something like —" provided the admissibility of the summary of evidence or any part thereof shall not be greater than that of depositions in a similar case ". That is the only point that might want to be considered.

Question put, and agreed to.
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