Thanks. Caracciolo would not have been included in Ruffo's capitulation, because he escaped from Naples before it was signed (and therefore not counted in the category of being present in the garrisons or in the category of republican prisoners captured by the royalists before the surrender).
Ruffo handed Caracciolo over to Nelson. Nelson had a number of choices.
1. He could have sent Caracciolo back to Naples for trial by Ruffo's judges. This he did with all the senior republican prisoners from the garrisons, many of them aristocrats, such as Pagano, the Piattis, Doria, Massa, Serra, etc. Most of them were executed.
2. He could have sent him to Procida. At Procida, the judge, Speciale, and the governor, Curtis,was working directly with the British and with royal consent. Caracciolo could have been sent to Procida. Procida was the place where republican Generals Spano and Schipani were executed.
3. A court-martial.
This third option was evidently the way he chose. But did he convene a court that was legitimate? Did it follow due process? Was it entitled to try and to sentence?
That seems problematic.