Boards of Inquiry BRd 2

CHAPTER 57

BOARDS OF INQUIRY

(MOD Sponsor: FLEET-NLM WS NCB)

CONTENTS

SECTION I - GENERAL

Para
5701. Convening of a Naval Board of Inquiry
5702. Selection of Members
5703. Duties and Powers
5704. Examination of Witnesses
5705. Report by Board of Inquiry
5706. Use of Record of Proceedings for Disciplinary Purposes
5707. Civilian Witnesses
5708. Inter-Service Representation on Boards of Inquiry

SECTION II - PROCEDURE AND NOTES FOR GUIDANCE

5721. Procedure
5722. Notes for the Guidance of Boards of Inquiry

ANNEXES

Annex 57A: Boards of Inquiry - Instructions

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CHAPTER 57

BOARDS OF INQUIRY

SECTION I - GENERAL

5701. Convening of a Naval Board of Inquiry

1. A board of inquiry may be used by any Flag Officer by Chief of Staff (Warfare) to
Commander-in-Chief Fleet, Commander Operations, Chief of Staff (Support) to
Commander-in-Chief Fleet, or by any administrative authority authorized by the
Commander-in-Chief, to enable him to ascertain the facts relating to a particular incident
so that he may arrive at a correct conclusion on any matter upon which he requires to be
thoroughly informed, or upon which there may be a question whether it should form the
subject of a court-martial. It is always open to more junior officers to order immediate
investigations into circumstances which the administrative authority may well see fit to
have examined later by a formal board of inquiry of specially qualified and independent
officers.

2. Disablement of a Ship. When any accident happens which causes entire or partial
disablement of a ship for service, i.e. serious fires or boiler room explosions, or when any
serious defect is discovered in the hull, armament, machinery or boilers, the cause of
which is not clear, the senior officer present is to direct a board of inquiry or ship’s
investigation to be held at once as to the cause of the accident or defect; and a full report
with evidence, finding and sketches is to be forwarded to the Ministry of Defence in
accordance with 5706.

3. Aircraft Accidents. All aircraft accidents and incidents are to be investigated and
reported in accordance with JSP 550, Military Aviation Policy, Regulations and Directives.

4. Readiness for Sea-Accidents and Defects. All accidents or defects affecting the
readiness for sea of any of the ships or vessels under the orders of the Commander-in-
Chief and which involve, or are considered likely to involve any disciplinary action by the
Admiralty Board to an officer, are to be reported to the Ministry of Defence in accordance
with Para 5706, with an expression of opinion where necessary whether or not a board of
inquiry or other investigation is held.

5. Instructions. The instructions to the board should always be issued by the convening
authority in writing following the format shown in Annex 57A.

6. The board may be re-assembled as often, and with such alterations in its composition,
as may be directed.

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5702. Selection of Members

1. Composition of Board. Members of a board of inquiry (which may include civilians

in the service of the Crown) are not for this reason disqualified from sitting on a court-
martial upon the same subject matter, but objection may be taken to them and may be
allowed by the court, and this contingency is to be considered in selecting the members.
With due regard to this contingency, and so far as may be practicable, the president and
members should be senior to the person whose conduct is under enquiry. See Para 0344
as to president.

2. Witnesses as Members. It is undesirable that officers whose evidence may be

required by the board should be nominated as members, indeed in complex investigations
involving specialized knowledge, for example where an ability to analyse and interpret
accounts may be required, an expert in the subject can be more use as a witness than as
a member of the board of inquiry. In this capacity he can prepare a detailed report and
present it to the board in the presence of the person or persons concerned and due regard
should be had to such advantages in deciding on the composition of the board. In accident
cases the board should not, where possible, be wholly composed of officers belonging to
the ship in which the accident occurred. See also Chapter 53.

3. QARNNS and Female Naval Investigations. Where a board is ordered to investigate

an occurrence in which the conduct of a QARNNS or female Naval officer or rating is
directly involved, it is desirable as a general rule that a woman officer should be appointed
as a member of the board, and that where the person concerned is an officer the officer
detailed as a member of the board should be of at least equal rank.

4. Civilian Employees Investigations. When convening a board to enquire into a

matter concerning civilian employees, or industrial practice, naval authorities should have
regard to the requirements of Chapter 53 in selecting members qualified to deal with the
technical questions involved. Where industrial safety arrangements are to be examined, a
representative of the employees’ side of the safety sub-committee for the establishment
should be selected to sit on the board.

5703. Duties and Powers

1. Duties. The duties of a board of inquiry depend on the instructions which the authority
ordering the inquiry may think proper to give. It may be required to examine witnesses and
record their evidence without being required to give any opinion.

2. Powers. It is not a judicial body and has no power to award any punishment; it can
only recommend. It may however be invested with any power not exceeding that of the
convening officer which may be necessary for the proper conduct of the inquiry, such as
calling before it naval witnesses and requiring the production of official papers.

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3. Reserve Officer’s Attendance. It should be noted that members of the reserves who
are not in actual service or undergoing training are not subject to the Naval Discipline Act
1957, and consequently cannot be compelled to attend boards of inquiry, whether they are
themselves concerned in the subject of the inquiry or not. The Admiralty Board
nevertheless expect that a reserve officer whose attendance is required will make all
reasonable endeavours to be present. Military law applies to officers of the Royal Marine
Forces Volunteer Reserve when ordered on any duty or service for which as such they are
liable as it applies to officers of the Royal Marines; officers of this reserve can therefore be
compelled to attend boards of inquiry. If a RMFVR officer is required to attend such an
inquiry a request should be made to the Commanding Officer of the RMFVR centre
concerned.

5704. Examination of Witnesses

1. While servants of the Crown may be required as part of their duty, to give evidence
before a board of inquiry, a board has no power to compel the attendance of other civilians
as witnesses. If, however, it is considered that their evidence would be helpful, they should
be encouraged to appear as witnesses. When it is desired to take evidence from the
Master or crew of a private ship, care is to be taken to inform the witnesses that their
attendance is voluntary, and if time permits they are to be told to obtain sanction from the
agents or owners of their ships. See Chapter 53 as to attendance of relatives at inquiries
into deaths.

2. A board of inquiry has no power to examine witnesses on oath.

3. Before examination every naval witness is to be warned in the following terms and the
caution is to be recorded in the minutes:

‘The Defence Council have directed that at all boards of inquiry any naval witness who
gives evidence concerning the matters under investigation should be informed that he
is privileged to refuse to answer any question the answer to which may tend to expose
him to any penalty or forfeiture: it will be for you to raise the objection and for the board
to decide whether you must answer the question or not.’

No one charged with any offence is bound to make any statement or answer any
questions.

4. Witnesses not subject to the Naval Discipline Act 1957 are to be informed as follows:

‘This board is inquiring into a matter affecting the naval service and is confident you
will give it all assistance in your power. You are not however legally obliged to answer
any question if you do not wish to do so.’

5705. Report by Board of Inquiry

1. Minutes. The minutes of the proceedings are to be signed by all the members and
forwarded by the president to the authority ordering the inquiry. If there is a difference of
opinion among the members on a material point, the grounds of difference are to be stated
fully.

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2. Written Instructions. The written instructions issued to the board by the convening
authority, and any sketches or diagrams which may have been produced during the
proceedings in order to illustrate the evidence of a witness, are to be attached to the
minutes.

3. Record of Proceedings. The record of the proceedings of a board of inquiry or ship’s

investigation is to be treated as a strictly Service document and copies are not to be sent
or shown to persons outside the Service except on the authority of Ministry of Defence
(FLEET-NLM WS NCB) or to the Ministry’s legal representatives, in confidence, as
permitted in regulations (e.g., Chapter 53).

4. To prevent any unauthorized publication of the proceedings the president is to decide

how many copies of the minutes are to be made and their disposal. When a shorthand
writer has been employed, the shorthand notes are to accompany the copy or copies of
the transcript rendered to the authority ordering the inquiry.

5. The record of proceedings is in all cases to be sent by the convening authority to the
Commander-in-Chief who, in the absence of special directions, may exercise his
discretion (except as in Para 5701) about submitting it to the Ministry of Defence (FLEET-
NLM WS NCB). When the Commander-in-Chief, in exercising this discretion, submits
recommendations requiring action in the Ministry of Defence, two copies of the board of
inquiry report and submission are to be forwarded. An additional copy is required for the
Army/Air Department if officers or men of the Army or RAF are involved. If records of
proceedings of boards of inquiry affecting submarines, or officers and men serving in
submarines, are submitted to the Ministry of Defence, copies of the findings are to be sent
to the CINCFLEET Chief of Staff (Warfare) and, where appropriate, CINCFLEET Chief of
Staff (Support) Commander Operations. Board of inquiry reports on naval aircraft
accidents should be forwarded to the Ministry of Defence DNO/AD (PC & A), copy to
FLEET-NLM WS NCB as laid down in JSP 550, Military Aviation Policy, Regulations and
Directives.

6. Death of a Serviceman. When a board of inquiry or ship’s investigation investigates

the death of a serviceman or member of the civilian staff, an advance copy of the report
(but not the minutes of evidence, etc.) should be sent as soon as possible direct to Ministry
of Defence FLEET-NLM WS NCB by the convening authority.

7. See JSP 550, Military Aviation Policy, Regulations and Directives, in cases where
death may have to be presumed as a result of a naval aircraft accident.

8. Loss of Classified Material. Attention is called to the special instructions given in

JSP 440, Defence Manual of Security in connection with boards of inquiry into the loss of
secret and confidential books, documents and keys. See also Chapter 53 on medical
evidence and Para 7706 as to report about Hurt Certificate in accident cases.

9. Attribution of Blame. If the report of a board of inquiry attributes blame to a member

of the Ministry of Defence civilian staff, the procedure laid down in MOD Manual 9,
Industrial Staff Regulations and/or MOD Manual 11, Non-industrial Staff Regulations
should be followed.

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5706. Use of Record of Proceedings for Disciplinary Purposes

1. Courts-Martial and Summary Trial. The interests of the Service demand that
witnesses should speak frankly and truthfully at boards of inquiry, without fear of having
their statements held against them. The record of proceedings of a board of inquiry may
therefore not be produced before a court-martial nor at a summary trial except as provided
in BR 11, Manual of Naval Law, and the restrictions set out in that Article on the use that
may be made of statements at a board of inquiry are applicable in summary trials as well
as in court-martial.

2. Disclosure. It is important to avoid the record of proceedings of a board of inquiry

being read beforehand either by an officer who may have to try a rating involved or by an
officer who may be required to sit on a court-martial arising out of the subject of an inquiry.
If necessary, consideration should be given to drafting a rating to another ship for summary
trial.
3. Court-Martial Defence Request. The procedure to be followed if the defence at a
court-martial requests to see the record of proceedings of a board of inquiry is given in
BR 11, Manual of Naval Law.
4. Summary Trial. In cases dealt with summarily the accused should normally be given
a copy of the minutes of evidence, if he so requests, unless, for reasons similar to those
set out in BR 11, Manual of Naval Law, the authority convening the board of inquiry refuses
to allow this to be done.
5. Refusal to Grant Access. Any refusal to grant access, or any special consideration
attached to the granting of access, to the minutes of evidence is to be reported in
forwarding the record of proceedings of a court-martial. In summary cases, such a report
is to be made on the Punishment Warrant (Form S.271) or on the Report of Offender (Form
S.241).

5707. Civilian Witnesses

Civilian witnesses attending a board of inquiry are to be paid so far as may be possible at
the rates prescribed in BR 11, Manual of Naval Law, but as their attendance is voluntary it
may be necessary for the rate of payment, if any, to be arranged beforehand.
5708. Inter-Service Representation on Boards of Inquiry
1. Convening of Board. Where it appears that a board of inquiry should be convened
to investigate a matter in which personnel or equipment of the Army and/or RAF are
concerned, it is open to both the naval administrative authority and to the military or air
authorities concerned to convene a board of inquiry.
2. Army and RAF Representation. Where it appears to the authorities concerned that
such a matter can most profitably be investigated by a board of inquiry consisting of
officers of more than one Service, the naval administrative authority has discretion to
nominate, with the consent of the proper military and/or air authorities one or more Army
and/or RAF officers to be members of a naval board of inquiry; or, at the request of the
military or air authorities, to permit the attendance of one or more naval officers at an Army
or RAF board of inquiry; provided that the president of any such board shall be a member
of the Service convening the board. If, however, the respective authorities are unable to
agree without delay that one board can adequately investigate the matter, the naval
administrative authority should proceed independently.

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3. PE Representation. Where the investigation involves Ministry of Defence

(Procurement Executive) personnel or equipment the naval administrative authority has
the discretion to nominate, with the consent of the Director of Flying (Research and
Development) MOD(PE), active service officers attached to the Procurement Executive.

4. Separate Report Procedure. Where Army or RAF officers are nominated to naval
boards of inquiry, or naval officers to Army or RAF boards of inquiry, those officers are in
the event of disagreement entitled to make separate reports. Any such separate reports
should be forwarded to the convening authority with the proceedings of the board. A copy
of the proceedings, including any separate report, should in all cases be forwarded by the
convening authority to the other Service authority or authorities concerned.

5709 - 5720. Unallocated

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SECTION II - PROCEDURE AND NOTES FOR GUIDANCE

5721. Procedure

1. A board of inquiry, unless otherwise ordered, is to sit with closed doors.

2. No person is to be present in the character of a prosecutor.

3. Any serviceman or woman whose conduct may be in question or who may be in

danger of subsequent disciplinary proceedings is to be invited to be present during the
examination of witnesses and to have a friend or adviser with him. The friend may, with the
permission of the board, address them and, at the conclusion of the evidence of each
witness and subject to the board’s discretion, ask questions to test the evidence and
comment on it (in the case of civilian employees of the Ministry of Defence, the friend or
adviser may be a staff association or trade union official).

4. At the conclusion of the enquiry any person held to blame by a board of inquiry should
be entitled as of right to a copy of the minutes of evidence but not to the other portions of
the report of the board. Supply may be withheld, in whole or in part, however, in the
exceptional circumstances detailed in BR 11, Manual of Naval Law.

5. If the inquiry should have reference to the loss or hazarding of a ship, the procedure
directed by BR 11, Manual of Naval Law, with the exception of taking evidence on oath, is
to be followed.

6. Civilian Personnel. In the case of civilian personnel, the following instructions are to
be observed:

a. Any civilian witness called to give evidence before a board of inquiry may, if he
wishes, be accompanied at the time of his evidence by a friend or adviser (who
may be a staff association or trade union official).

b. If it appears to the board of inquiry that the conduct of any person called to give
evidence may be in question, the President should invite that person (and his
friend or adviser) to be present during the examination of other witnesses. The
person concerned (or his friend or adviser) may at the discretion of the board, be
permitted to question these other witnesses on completion of the board’s
questioning; and he may further be allowed to address the board on completion
of all relevant evidence.

c. In deciding whose conduct may be called into question it is generally desirable

that the offer of assistance indicated in b above shall be given to the maximum
extent.

d. If it is not possible for the person concerned to be present, as provided in b above,

during the examination of witnesses, or if the involvement of a particular individual
does not become apparent until a late stage of the hearing, any person held
blameworthy by the board of inquiry is entitled as of right to a copy of the minutes
of evidence of the inquiry (but not to other portions of the report).

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5722. Notes for the Guidance of Boards of Inquiry

1. Aim of Inquiry. The aim of a board of inquiry is to ascertain the facts relating to a
particular incident so that the authority ordering the inquiry may arrive at the correct
conclusion on any matter upon which he requires to be thoroughly informed.

2. Method of Inquiring. The method by which a board of inquiry approaches its task
cannot be categorically laid down because the circumstances surrounding particular
incidents vary. The following sequence should, however, be followed when possible:

a. Find out the facts.

b. Digest the facts.

c. Write a narrative.

d. Draw conclusions.

e. Make recommendations.

3. Finding Out the Facts.

a. The strict rules of evidence do not apply when examining witnesses, but hearsay
evidence should be avoided when possible. Questions and answers should be
recorded and should be numbered consecutively in the minutes. Witnesses do
not give evidence on oath, but one suspected of lying should be warned that to do
so is an offence under the NDA.

b. The correct procedures for executing certain tasks can usually be established
from the relevant regulations. This should be done at the outset of the inquiry, thus
enabling witnesses to be questioned about any departures from the laid down
procedures. When it is difficult to establish the proper procedure from the
regulations, or if it appears that the regulations may not be capable of proper
enforcement, it may be necessary to examine a witness with specialist knowledge
of the subject concerned.

c. A person whose conduct may be in question and also may be in danger of

subsequent disciplinary procedures should be invited to attend the examination
of witnesses. He may be accompanied by a friend, who may be allowed to
address the board and question witnesses.

4. Digesting the Facts. In complicated inquiries it may not be possible to draw

conclusions immediately the fact finding process has ended. A board of inquiry should
always present its report as soon as possible, but it must not allow itself to jump to hasty
and ill-considered conclusions.

5. Writing the Narrative. The narrative should summarize the main events revealed by
evidence and perusal of the relevant regulations. Where the regulations are of a local
nature an extract should form an enclosure to the report. The narrative should lead up to
the conclusions. It should be kept as short as possible.

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6. Drawing Conclusions.

a. The conclusions are the part of the report of particular interest to the authorities
for whose benefit the inquiry is being held. It is therefore important that they
should:

(1) Be logical.
(2) Be supported by the evidence.
(3) Relate to the aim of the inquiry.

b. Conclusions usually group themselves into three categories:

(1) Adequacy of stated procedures.

(2) Adequacy of personnel.
(3) Adequacy of material.

c. In assessing the adequacy of personnel, adverse conclusions should specify the

particular acts or omissions of individuals concerned. If an individual is considered
to be at fault, an opinion should be given whether a particular act or omission is
considered to be due to a reasonable error of judgment or to negligence.

d. It will often happen that a board of inquiry can draw up its conclusions before
writing the narrative. This is a desirable reversal of sequence because the
narrative can then be made to lead up to the conclusions.

7. Making Recommendations.

a. The recommendations should be based on the conclusions and must relate to the
aim of the inquiry. In practice, they will tend to fall into three categories described
in 6 sub para b .

b. Unless specifically directed by the authority ordering the inquiry,

recommendations about disciplinary action in individual cases should not be
made; this is a matter for the convening authority.

c. Urgent recommendations should be made by signal.

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