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Treatise on Naval Courts Martial

Treatise on Naval Courts Martial

  • Author:
  • Publisher: Cambridge University Press
  • ISBN: 9781108044769
  • Published In: March 2012
  • Format: Paperback , 408 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 

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Originally published in 1792, this work was revised (incorporating new material) and corrected for the 1805 edition, reissued here. As a ship's purser and occasional Judge Advocate, Delafons had considerable experience of advising in naval courts martial, including first-hand involvement for the defence in the trial of Peter Heywood, a midshipman on board HMS Bounty during the mutiny of 1789. He intended this work to be a textbook for conducting judicial proceedings in the Royal Navy, and it is also now a fundamental text for historians and researchers in both the legal and naval history of a period of British maritime supremacy. Delafons covers the subjects of jurisdiction, evidence, sentencing, and the roles of individuals within the trial. He also makes a comparison between the law of the Navy and its practical applications and that of the civil courts, and examines the development of the Naval Code itself.

Introductory preface;

1. Of the nature of naval courts martial;

2. Of particular places to which the jurisdiction of naval courts martial extends in regard to offences cognizable by them; and of such, when committed out of those local places or districts;

3. Of courts of inquiry;

4. Of persons subject and amenable to the jurisdiction of naval courts martial;

5. Of officers sitting on courts martial, by virtue of any local rank, superior to their own, established rank, conformably to seniority from the date of their first commission;

6. Of particular situations and circumstances which exempt and exclude officers, who by their seniority of rank are entitled to be members of a court martial;

7. Of a judge advocate;

8. Of arraignment and its incidents;

9. Of the please of which a criminal may avail himself;

10. Of the distinction between principals and accessaries, and the means of bringing offenders to trial;

11. Of evidence and witnesses;

12. Of an equality of voices on matters relative to trials by courts martial;

13. Of giving a verdict or opinion, and passing sentence;

14. Of the form of drawing out the sentence of a court martial;

15. Of appeals; 16. Enumeration of particulars in which courts martial in the land and sea service differ from each other;

Appendix.

 

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