Court-martial, a court for the trial of all persons subject to military law or to the Naval Discipline Act. In the army, before the institution of a standing army in 1660, military discipline was maintained by articles of war issued by the crown, to remain in force only so long as the campaign continued. These ordinances were administered by the Court of Chivalry (q.v.), of which the judges were the Lord High Constable and the Earl Marshal. In 1689 the first Mutiny Act (q.v.) was passed by parliament, and, with the articles of war, made by royal prerogative, constituted the law under which discipline in the army was maintained. This law, which is now embodied in the Army Act of 1881, provides for the assembly of courts-martial for the trial of offences which are of too grave a character to be dealt with summarily by the regimental commanders. They are of five kinds—general, district, regimental, field-general, and summary. The sovereign issues a warrant authorising each general officer to convene the two first named, and every regimental commander has power, in virtue of his office, to convene the third. The fourth can only be convened in countries beyond the seas, and to try offences against the person or property of an inhabitant when an ordinary general court-martial cannot conveniently be assembled. The last can only be convened on active service under similar conditions, and, with the fourth, has the same powers as a general court-martial.
A general court must consist of five officers (nine in the United Kingdom, India, Malta, and Gibraltar), including the president, who must be the senior and a field-officer, except in special circumstances, when a captain may preside, and each member must have held a commission for three years. Similarly, a district court must consist of three or five officers of two years' service, and a regimental court of three officers of one year's service; if no captain is available, a lieutenant may preside over either of them. All members must be strictly impartial, and may be challenged by the prisoner on that point. A field-general court must consist of three officers, of any rank, and a summary court of the same number, if available, otherwise two are sufficient; but in that case it cannot pass sentence of death, and, with three members, all must concur in such a sentence.
Any of these courts is competent to try any offence, but not any offender; thus an officer or a civilian subject to military law, and on the same footing as an officer (e.g. a newspaper correspondent) can only be tried by a general, field-general, or summary court-martial, and a warrant-officer cannot be tried by a regimental court. Their powers of punishment vary also, from forty-two days' imprisonment to death. An officer may be sentenced to cashiering, dismissal, forfeiture of rank, or reprimand; a non-commissioned officer to reduction to the ranks, and like a private soldier, to discharge with ignominy, forfeiture of service, medals, &c., fines and stoppages of pay; all ranks and civilians, if subject to military law because accompanying a force on active service, may be sentenced to imprisonment, penal servitude, or death.
All sentences must be confirmed before they are carried out—those of general, field-general, and district courts by the sovereign, or officer authorised to confirm by warrant from Her Majesty; those of regimental and summary courts by the convening officer. The confirming authority may commute, mitigate, or remit the whole or part of a sentence, and may order both finding and sentence to be revised (unless the prisoner is acquitted), but cannot, nor can the court on revision, increase the sentence.
The procedure is similar to that of civil courts—the court is public, and the same rules of evidence are in force; but the members of a court-martial act as both jury and judge—i.e. they find the facts and allot the sentence. All are sworn, and each votes, commencing with the junior, both on the finding and sentence, as well as on any question that may arise, the majority deciding. The witnesses are also sworn. An officer is appointed as judge-advocate in important trials, to assist the court on points of law, see that the proceedings are regular, and, with the president, take care that the prisoner is treated with strict fairness. Counsel may appear on both sides at general courts, and, if barristers or officers subject to military law, may address the court, and examine and cross-examine witnesses; or before any court the prisoner may be assisted in his defence by a 'friend,' who may make suggestions to him, but is not allowed to address the court or the witnesses. The prosecutor must be an officer and not a member of the court; he is sworn, and charged with the duty of eliciting the truth, but not necessarily of obtaining a conviction. The proceedings are all written, except those of summary courts, which have a necessarily abbreviated form of procedure, like the drum-head court-martial for which they have been substituted.
Contempt of a court-martial by persons subject to military law is punishable by the same or another court-martial, and, in the case of civilians, by a civil court, to which the offence is certified by the president. Witnesses are summoned by the convening officer or the president, and, if civilians, their travelling expenses must be tendered. Sometimes courts of inquiry are held instead of a court-martial, not to try or to punish, but to make an investigation; the members not being on oath. Such a court occasionally precedes a court-martial.
On board a man-of-war no military court-martial may sit except a regimental court, with the sanction of the captain of the ship, for the trial of a non-commissioned officer, and it may only sentence him to reduction to the ranks. Marines are liable to trial by military court-martial when not borne on the books of a man-of-war, in which case they come under the Naval Discipline Act. Naval courts-martial consist of admirals, captains, and commanders, who try offences against the Naval Discipline Act. The chief admiral of the fleet or squadron appoints the members; but all captains on the station have a right to sit, if not implicated.
The court-martial is open to all the crew and others as spectators. The sentence is final, and needs no confirmation.