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Vol 23 No 5 May/June 2018

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Treatise on Naval Courts Martial

ISBN13: 9781108044769
Published: March 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £27.99

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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 H.M.S. 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.

Legal History
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