The Defence Act 1903 has now been in force for over six years, and during that period there have been only four district courts martial on members of the Citizen Forces. Three resulted in acquittal, and in one a fine was inflicted. It has been found that breaches of discipline in time of peace can ordinarily besufficiently punished by the powers of fine and discharge now given to commanding officers. It is, however, provided by section 265 of the Commonwealth Military Regulations, that, whenever a commanding Officer proposes to inflict any but a minor punishment upon a soldier the latter shall be so informed, and that he shall have a right to demand trial by court martial.

In time of war it is obvious that offences cannot be dealt with by civil courts, and therefore the Imperial Army Act comes into force under section 55 of the Defence Act 1903-4. In the area of active operations no civil courts would be in operation, and it would be impracticable to send the officers and soldiers, whose presence would be required at a trial, back to the base for the purpose. The application of the Army Act is, however, limited by sections 96,98, and 106 of the Defence Act 1903-4.

The following will show that the rights of the citizen are amply safeguarded, and that the civil courts can always prevent illegal punishment : - " It is, therefore, highly important that the mistake should be corrected, which supposes that an Englishman, by taking upon him the additional character of a soldier, puts off any of the rights or duties of an Englishman." - Chief Justice Sir James Mansfield in Burdett v. Abbott, 4 Taunton's Reports, page 401. " The members of courts martial and officers in the exercise of individual authority are, like the inferior civil courts and magistrates, amenable to the superior civil courts for injury caused to any person by acts done either without jurisdiction or in excess of jurisdiction." - Manual of Military Law, 1907, page 119.

The writs of prohibition, certiorari, and habeas corpus, as also actions for damages, are all available to one who feels aggrieved, and there are many such reported in the English Law Reports.