Defence of the Realm (Amendment) Act 1915
| Jurisdiction | UK Non-devolved |
Defence of the Realm (Amendment) Act, 1915.
(5 & 6 Geo. 5) CHAPTER 34.
An Act to amend the Defence of the Realm Consolidation Act, 1914.
[16th March 1915]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Right of British subject charged with offence to be tried by civil court.
(1) Any offence against any regulations made under the Defence of the Realm Consolidation Act, 1914 , which is triable by court martial may, instead of being tried by a court martial, be tried by a civil court with a jury, and when so tried the offence shall be deemed to be a felony punishable with the like punishment as might have been inflicted if the offence had been tried by court martial.
(2) Where a person, being a British subject but not being a person subject to the Naval Discipline Act or to military law, is alleged to be guilty of an offence against any regulations made under the Defence of the Realm Consolidation Act, 1914, he shall be entitled, within six clear days from the time when the general nature of the charge is communicated to him, to claim to be tried by a civil court with a jury instead of being tried by court martial, and where such a claim is made in manner provided by regulations under the last-mentioned Act the offence shall not be tried by court martial:
Provided that this subsection shall not apply where the offence is tried before a court of summary jurisdiction:
Provided also that before the trial of any person to whom this section applies, and as soon as practicable after arrest, the general nature of the charge shall be communicated to him in writing and notice in writing shall at the same time be given, in a form provided by regulations under the said Act, of his rights under this section.
(3) In addition and without prejudice to any powers which a court may possess to order the exclusion of the public from any proceedings, if, in the course of the trial of a person for a felony under this section, application is made by the prosecution, in the interests of national safety, that all or any portion of the public should be excluded during any part of the hearing, the court may make an order to that effect, but the passing of sentence shall in any case take place in public.
(4) The ...
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