JUDGE-ADVOCATE OF THE FLEET. In England, a practising barrister whose function it is to advise the Admiralty on all matters connected with courts-martial. Though s. 61 of the Naval Discipline Act 1866 recognizes the possibility of his pres ence at a court-martial, he does not nowadays attend, but is repre sented by his deputy or by an officiating deputy judge-advocate appointed ad hoc by the Admiralty, the commander-in-chief of the fleet or squadron, who convenes the court-martial, or, if no such appointment is made, by the president of the court-martial. But though the judge-advocate of the fleet does not actually attend the courts-martial very responsible duties are imposed upon him. By a minute of the Board passed in 1884 (which is still in force) all proceedings of courts-martial on officers and men of the royal navy, excepting those where the prisoner pleads guilty and no evi dence is taken, are to be referred to him, with a view to the consid eration of (a) the charge, (b) the evidence on which the finding is based, and (c) the legality of the sentence, and he writes a minute on each case for the information of the lords commissioners of the Admiralty with regard to these points. He has no power to modify a sentence, a power which is reserved to the Admiralty by s. 53 (I) of the Naval Discipline Act 1866, except in the case of a death sentence, which can only be remitted by the Crown. All cases where the prisoner has pleaded guilty are examined in the Ad miralty, and if in any case there is any reason to think that there has been any informality or that the prisoner has not understood the effect of his plea, such case is submitted to the judge-advocate of the fleet for his opinion.
The existence of a deputy judge of the fleet appointed by the Admiralty has been recognized by the King's Regulations.
In accordance with the provisions of s. 61 of the Naval Disci pline Act 1866, in the absence of the judge-advocate of the fleet and his deputy, an officiating judge-advocate is appointed for each court-martial. His duties are described in detail by the King's Regulations, but may be summed up as consisting of seeing that the charges are in order, pointing out any informalities or defects in the charges or in the constitution of the court, seeing that any witness required by prosecutor or prisoner is summoned, keeping the minutes of the proceedings, advising on matters of law which arise at any time after the warrant for the court-martial is issued, drawing up the findings and sentence, and forwarding the minutes when completed to the Admiralty. The officiating judge-advocate is usually the secretary of the flag-officer convening the court-mar tial or some other officer of the accountancy branch. He is remun erated for his services by a fixed fee for each day the court sits.
(P.)