Consientious Objectors in Great Britain and the Dominions
![handle is hein.journals/jclilcs28 and id is 352 raw text is: CONSCIENTIOUS OBJECTORS IN GREAT BRITAIN AND
THE DOMINIONS
[Contributed by ROBERT S. W. POLLARD, EsQ.]
THE two 20th century world wars .have each seen the enforcement of compulsory
military service in Great Britain and some of the Dominions. It was a new
institution so far as they were concerned, although the Continent of Europe
had known it for over a century. Conscientious objectors were unknown to law
in Europe, but in the British Commonwealth a different conception of freedom
prevailed. The struggle of the Quakers against compulsory military service
under the Militia Acts in the 18th century was not forgotten and in 1916, therefore,
exemption was provided for C.O.s. The tussle in Great Britain between the State
and objectors in the first World War led to more liberal provisions in 1939. It is
instructive to compare this procedure with that in the Dominions..
Great Britain.-Tribunals for conscientious objectors to military service were
set up during the 1914-1918 war under the Military Service Acts, and functioned
either badly or indifferently.
Tribunals for conscientious objectors (C.O.s) in connection with the last
war were set up before the outbreak of that war by the Military Training Act,
1939, which, however, was first suspended by s. 12 of the National
Service (Armed Forces) Act, 1939, and later allowed to expire. Tribunals
are now operating under the National Service Acts, 1939-1946, and
are established under s. 5 and Part 1 of the Schedule of the 1939
Act as amended by S.R. & 0. 1942, No. 93, amending the Defence
(Armed Forces) Regulations, 1939. There are nineteen local tribunals,
each consisting of a chairman, who is a county court judge, and six other per-
sons, appointed by the Minister of Labour, but only four members of the tribunAl,
besides the chairman, sit to hear cases. The Minister is required by the kct
to have regard to the necessity of selecting iinpartial persons; at least one man
and one woman must be appointed after consultation with organizations repre-
sentative of workers-they are generally trade union officials or retired trade
union officials-and at least two members of each tribunal, other than the chair-
man, must be women.
By the National Service (No. 2) Act, 141, single women were made liable
to military conscription, and consequently were able to register as conscientious
objectors. When a woman appears before a local tribunal the tribunal )Must so
far as practicable include at least one woman, but the proceedings are. not
invalidated if this requirement is not complied with.
From a decision of a local tribunal an appeal lies either by the C.O. or the
Minister to the Appellate Tribunal, of which there are. six divisions. Each
division consists of a chairman nominated (in England) by the Lord Chancellor
and of four other persons appointed by the Minister, of whom one man
and one woman are appointed after consultation with organizations repre-
sentative of workers, and two of whom, other than the chairman, must be
women. Three )nembers of the tribunal sit to hear appeals, and in the case of
women a male chairman sits with one or two women. Very occasionally one
woman sits when appeals of men are being heard.
A person who registers for, or who is liable for military service, can at any
time before medical examination, and within two days thereafter, make an
application to be registered as a C.O. on the ground that he conscientiously
objects:-
(a) to being registered in the military service register, or
(b) to performing military service, or
(c) to performing combatant duties.
He applies on a form and generally states what he objects to, why he objects,](ViewImageLocal?handle=hein.journals/jclilcs28&div=36&collection=journals&method=preview&ext=.png&size=3)
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Consientious Objectors in Great Britain and the Dominions
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