Military Courts of the United Kingdom
Encyclopedia
The Military Courts of the United Kingdom are now governed by the Armed Forces Act 2006
. The system set up under the Act applies to all three armed services, the Royal Navy
(including the Royal Marines
), the Army
and the Royal Air Force
(RAF), and replaces the three parallel systems that were previously in existence.
The military courts have jurisdiction over all members of the armed forces of the United Kingdom
, and civilians subject to service discipline
.
are dealt with by Commanding Officers through a summary hearing. A Commanding Officer may deal with an offence by a summary hearing if the offence is minor and the accused is of or below the rank of commander
in the Navy, lieutenant-colonel in the Army or wing commander
in the RAF.
Examples of offences which can be dealt with by a Commanding Officer include being absent without leave, insubordination
, malingering
, conduct prejudicial to good order
, ill-treating subordinates and various offences against civilian law such as theft
, assault
, criminal damage, and careless driving. Offences which cannot be dealt with summarily include assisting the enemy, misconduct on operations (which includes a range of offences committed when the enemy is nearby, such as surrendering a position, sleeping on duty, and spreading alarm or despondency), mutiny
, and desertion
.
A person charged with an offence which could be dealt with by a summary hearing before a Commanding Officer has the right to choose trial by Court Martial instead.
If a Commanding Officer dealing with an offence summarily finds the accused guilty, he can impose punishments including loss of seniority (for an officer), or reduction in rank (for a warrant officer or non-commissioned officer). For lower ranks, he can impose a term of detention in a unit guardhouse, or at the Military Corrective Training Centre in Colchester
, of up to 28 days, or 90 days in serious cases, or a requirement to carry out extra work or drill
, or loss of entitlement to leave. Alternatively he can impose a fine of up to 28 days' pay, or another minor punishment.
. A case before the Summary Appeal Court is dealt with by re-hearing the charge, and/or reconsidering the decision on punishment. The Judge Advocate presides over the hearing and gives rulings on matters of law including practice and procedure. Decisions to grant or dismiss the appeals are made by a majority of the three members of the Court. Further appeals on a point of law
may be made to the High Court of England and Wales by way of case stated
.
The Court has jurisdiction over offences against service law which have been committed outside the British Islands
by a civilian who is subject to service discipline
, and which, if they had been committed in England and Wales
, could be heard in a Magistrates' Court
. Serious offences
which, if committed in England and Wales, could only be tried by a Crown Court
must be dealt with by the Court Martial. The Service Civilian Court consists of a Judge Advocate sitting alone.
If the Court considers that the nature of the case, or the charge, is sufficiently serious, it can refer the case to by heard by the Court Martial. The defendant can also choose to have their case referred to the Court Martial.
Punishments which can be handed down by the Court include imprisonment for up to 12 months (or 65 weeks for two or more offences), a fine or community service
.
Appeals from the Service Civilian Court lie to the Court Martial. An appeal is dealt with by the Court Martial by re-hearing the charge or decision on punishment.
The Court Martial may try any offence against service law
, which includes all criminal offences under the law of England and Wales. Procedure is broadly similar to the of the Crown Court in England and Wales. The Court is presided over by a Judge Advocate, and there is a jury
(known as a "Board") of between three and seven (depending on the seriousness of the offence) officers and warrant officer
s. Rulings on matters of law, practice and procedure are made by the Judge Advocate, whilst findings of guilt or innocence are made by the Board by a simple majority of the members. For deliberations on sentence the Judge Advocate is joined by the Board, which is a distinctive and unique feature of the Court Martial.
The punishments which can be imposed by a Court Martial range from imprisonment in a civilian prison (for any period up to life if the offence warrants it), detention at the Military Corrective Training Centre in Colchester
for two years or less, dismissal from the armed services (with or without disgrace), or an unlimited fine, down to those punishments available to a Commanding Officer. Someone who has chosen to have a charge heard by a Court Martial rather than summarily by a Commanding Officer cannot be given a punishment greater than the maximum available to the Commanding Officer.
When trying a civilian who is subject to service discipline
, the Court Martial consists of a Judge Advocate and a Board comprising civilian members, who do not participate in sentencing — the Judge Advocate sentences alone in the same way as in a Crown Court
. Punishments which can be imposed on a civilian by the Court Martial include imprisonment, a fine or community service but not service detention.
.
Further appeal lies to the Supreme Court of the United Kingdom
.
following a process conducted by the Judicial Appointments Commission
or, in the case of the Judge Advocate General, appointed by the Queen
. They are always legally qualified civilians solicitors, barristers or advocates
of at least seven years standing. A High Court Judge
may also sit as a Judge Advocate if requested to do so by the Judge Advocate General in a particularly serious case.
in the civilian criminal law of England and Wales. The Director, who is appointed by the Queen, need not be a member of the armed forces, but must have been a solicitor
, barrister
or advocate
with higher rights of audience
for at least 10 years. The Director can appoint officers who are solicitors, barristers or advocates to be prosecutors. The current Director is Mr Bruce Houlder QC.
Armed Forces Act 2006
The Armed Forces Act 2006 is an Act of the Parliament of the United Kingdom.It came into force on 31 October 2009. It replaces the three separate Service Discipline Acts as the system of military law under which the British Armed Forces operate...
. The system set up under the Act applies to all three armed services, the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
(including the Royal Marines
Royal Marines
The Corps of Her Majesty's Royal Marines, commonly just referred to as the Royal Marines , are the marine corps and amphibious infantry of the United Kingdom and, along with the Royal Navy and Royal Fleet Auxiliary, form the Naval Service...
), the Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
and the Royal Air Force
Royal Air Force
The Royal Air Force is the aerial warfare service branch of the British Armed Forces. Formed on 1 April 1918, it is the oldest independent air force in the world...
(RAF), and replaces the three parallel systems that were previously in existence.
The military courts have jurisdiction over all members of the armed forces of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, and civilians subject to service discipline
Civilian subject to service discipline
A civilian subject to service discipline is someone who, whilst not a member of the British Armed Forces, is nevertheless subject to some aspects of British military law and the military justice system.- Categories :...
.
Summary hearing by Commanding Officer
Most offences by members of the armed forces against service lawOffences against military law in the United Kingdom
The main Offences against military law in the United Kingdom are set out in the Armed Forces Act 2006.The offences fall into two main categories, discipline offences and criminal conduct offences...
are dealt with by Commanding Officers through a summary hearing. A Commanding Officer may deal with an offence by a summary hearing if the offence is minor and the accused is of or below the rank of commander
Commander (Royal Navy)
Commander is a senior officer rank of the Royal Navy of the United Kingdom. It is immediately junior to captain and immediately senior to the rank of lieutenant commander...
in the Navy, lieutenant-colonel in the Army or wing commander
Wing Commander (rank)
Wing commander is a commissioned rank in the Royal Air Force and the air forces of many other Commonwealth countries...
in the RAF.
Examples of offences which can be dealt with by a Commanding Officer include being absent without leave, insubordination
Insubordination
Insubordination is the act of willfully disobeying an authority. Refusing to perform an action that is unethical or illegal is not insubordination; neither is refusing to perform an action that is not within the scope of authority of the person issuing the order.Insubordination is typically a...
, malingering
Malingering
Malingering is a medical term that refers to fabricating or exaggerating the symptoms of mental or physical disorders for a variety of "secondary gain" motives, which may include financial compensation ; avoiding school, work or military service; obtaining drugs; getting lighter criminal sentences;...
, conduct prejudicial to good order
Conduct prejudicial to good order and discipline
Conduct prejudicial to good order and discipline is an offence against military law in many countries. It has existed in military law since before the 17th century and is an important offence which functions as a catch-all to criminalise offences against military order which are not specified...
, ill-treating subordinates and various offences against civilian law such as theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
, assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
, criminal damage, and careless driving. Offences which cannot be dealt with summarily include assisting the enemy, misconduct on operations (which includes a range of offences committed when the enemy is nearby, such as surrendering a position, sleeping on duty, and spreading alarm or despondency), mutiny
Mutiny
Mutiny is a conspiracy among members of a group of similarly situated individuals to openly oppose, change or overthrow an authority to which they are subject...
, and desertion
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
.
A person charged with an offence which could be dealt with by a summary hearing before a Commanding Officer has the right to choose trial by Court Martial instead.
If a Commanding Officer dealing with an offence summarily finds the accused guilty, he can impose punishments including loss of seniority (for an officer), or reduction in rank (for a warrant officer or non-commissioned officer). For lower ranks, he can impose a term of detention in a unit guardhouse, or at the Military Corrective Training Centre in Colchester
Colchester
Colchester is an historic town and the largest settlement within the borough of Colchester in Essex, England.At the time of the census in 2001, it had a population of 104,390. However, the population is rapidly increasing, and has been named as one of Britain's fastest growing towns. As the...
, of up to 28 days, or 90 days in serious cases, or a requirement to carry out extra work or drill
Drill
A drill or drill motor is a tool fitted with a cutting tool attachment or driving tool attachment, usually a drill bit or driver bit, used for drilling holes in various materials or fastening various materials together with the use of fasteners. The attachment is gripped by a chuck at one end of...
, or loss of entitlement to leave. Alternatively he can impose a fine of up to 28 days' pay, or another minor punishment.
Summary Appeal Court
Someone found guilty of an offence by a Commanding Officer in a summary hearing can appeal against the punishment, or against both conviction and punishment, to the Summary Appeal Court. The Summary Appeal Court is made up of a Judge Advocate, an officer, and another officer or warrant officerWarrant Officer
A warrant officer is an officer in a military organization who is designated an officer by a warrant, as distinguished from a commissioned officer who is designated an officer by a commission, or from non-commissioned officer who is designated an officer by virtue of seniority.The rank was first...
. A case before the Summary Appeal Court is dealt with by re-hearing the charge, and/or reconsidering the decision on punishment. The Judge Advocate presides over the hearing and gives rulings on matters of law including practice and procedure. Decisions to grant or dismiss the appeals are made by a majority of the three members of the Court. Further appeals on a point of law
Point of Law
Point of Law is a game in the 3M bookshelf game series. It was designed by Michel Lipman and published in 1972. The game includes a book giving summaries of one hundred real-life court cases, each with four possible outcomes. The players discuss the case, then each decides which of the outcomes is...
may be made to the High Court of England and Wales by way of case stated
Case Stated
Case stated is an appeal mechanism, a legal function, available in England and Wales to review a magistrates' court decision on a point of law. It is a statement of facts prepared by one court for the opinion of another on a point of law....
.
Service Civilian Court
The Service Civilian Court replaces the three separate systems (for each of the armed services) of Standing Civilian Courts which were previously established in Germany, Belgium, Holland and Cyprus.The Court has jurisdiction over offences against service law which have been committed outside the British Islands
British Islands
British Islands is a term within the law of the United Kingdom which since 1889 has referred collectively to the following four states:*the United Kingdom of Great Britain and Northern Ireland ;...
by a civilian who is subject to service discipline
Civilian subject to service discipline
A civilian subject to service discipline is someone who, whilst not a member of the British Armed Forces, is nevertheless subject to some aspects of British military law and the military justice system.- Categories :...
, and which, if they had been committed in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, could be heard in a Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
. Serious offences
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
which, if committed in England and Wales, could only be tried by a Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
must be dealt with by the Court Martial. The Service Civilian Court consists of a Judge Advocate sitting alone.
If the Court considers that the nature of the case, or the charge, is sufficiently serious, it can refer the case to by heard by the Court Martial. The defendant can also choose to have their case referred to the Court Martial.
Punishments which can be handed down by the Court include imprisonment for up to 12 months (or 65 weeks for two or more offences), a fine or community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
.
Appeals from the Service Civilian Court lie to the Court Martial. An appeal is dealt with by the Court Martial by re-hearing the charge or decision on punishment.
Court Martial
The Armed Forces Act 2006 established the Court Martial as a permanent standing court, effective from 1 November 2009. Previously courts-martial were convened on an ad hoc basis. The distinction, applicable in the Army and RAF, between District Courts-Martial and General Courts-Martial (with the District Court-Martial having more limited sentencing powers than the General Court-Martial) was also abolished.The Court Martial may try any offence against service law
Offences against military law in the United Kingdom
The main Offences against military law in the United Kingdom are set out in the Armed Forces Act 2006.The offences fall into two main categories, discipline offences and criminal conduct offences...
, which includes all criminal offences under the law of England and Wales. Procedure is broadly similar to the of the Crown Court in England and Wales. The Court is presided over by a Judge Advocate, and there is a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
(known as a "Board") of between three and seven (depending on the seriousness of the offence) officers and warrant officer
Warrant Officer
A warrant officer is an officer in a military organization who is designated an officer by a warrant, as distinguished from a commissioned officer who is designated an officer by a commission, or from non-commissioned officer who is designated an officer by virtue of seniority.The rank was first...
s. Rulings on matters of law, practice and procedure are made by the Judge Advocate, whilst findings of guilt or innocence are made by the Board by a simple majority of the members. For deliberations on sentence the Judge Advocate is joined by the Board, which is a distinctive and unique feature of the Court Martial.
The punishments which can be imposed by a Court Martial range from imprisonment in a civilian prison (for any period up to life if the offence warrants it), detention at the Military Corrective Training Centre in Colchester
Colchester
Colchester is an historic town and the largest settlement within the borough of Colchester in Essex, England.At the time of the census in 2001, it had a population of 104,390. However, the population is rapidly increasing, and has been named as one of Britain's fastest growing towns. As the...
for two years or less, dismissal from the armed services (with or without disgrace), or an unlimited fine, down to those punishments available to a Commanding Officer. Someone who has chosen to have a charge heard by a Court Martial rather than summarily by a Commanding Officer cannot be given a punishment greater than the maximum available to the Commanding Officer.
When trying a civilian who is subject to service discipline
Civilian subject to service discipline
A civilian subject to service discipline is someone who, whilst not a member of the British Armed Forces, is nevertheless subject to some aspects of British military law and the military justice system.- Categories :...
, the Court Martial consists of a Judge Advocate and a Board comprising civilian members, who do not participate in sentencing — the Judge Advocate sentences alone in the same way as in a Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
. Punishments which can be imposed on a civilian by the Court Martial include imprisonment, a fine or community service but not service detention.
Court Martial Appeal Court
The Court Martial Appeal Court hears appeals from the Court Martial. It is mostly made up of judges from the civilian Court of Appeal for England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
.
Further appeal lies to the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
.
Judge Advocates
The judges who preside over all hearings of the Service courts are known while they are sitting as "Judge Advocates". In the same way as other judges they are appointed by the Lord ChancellorLord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
following a process conducted by the Judicial Appointments Commission
Judicial Appointments Commission
The Judicial Appointments Commission is responsible for selecting judges in England and Wales. It is a non-departmental public body which was created on 3 April 2006 as part of the reforms following the Constitutional Reform Act 2005...
or, in the case of the Judge Advocate General, appointed by the Queen
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
. They are always legally qualified civilians solicitors, barristers or advocates
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
of at least seven years standing. A High Court Judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
may also sit as a Judge Advocate if requested to do so by the Judge Advocate General in a particularly serious case.
Director of Service Prosecutions
The prosecution of cases which are not dealt with summarily is handled by the Services Prosecuting Authority, the head of which is the Director of Service Prosecutions and whose role is similar to that of the Director of Public ProsecutionsDirector of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
in the civilian criminal law of England and Wales. The Director, who is appointed by the Queen, need not be a member of the armed forces, but must have been a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
, barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
or advocate
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
with higher rights of audience
Rights of audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have a right of audience, and solicitors, who traditionally do not ; there is no such...
for at least 10 years. The Director can appoint officers who are solicitors, barristers or advocates to be prosecutors. The current Director is Mr Bruce Houlder QC.