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Court Martial process applies to the military courts in the United Kingdom, which are governed by the Armed Forces Act 2006. This system is part of Martial law in the UK, and it applies to the Royal Navy, Army, and Royal Air Force, with jurisdiction over all members of the UK armed forces as well as civilians subject to service discipline.
Commanding officers can deal with most offences of the armed forces against Martial law in the UK through a summary hearing. These offences must be minor and committed by someone below the rank of:
Minor offences include:
Sentencing in the Court Martial takes place when offences can’t be dealt with by summary hearing. These types of offences include:
A person charged with a minor offence has the right to choose trial by Court Martial instead of a summary hearing. However, in this instance, the offender cannot be given a punishment greater than the maximum available to the Commanding Officer.
The Court Martial process says that any offence against service law can be tried by the Court Martial – this includes criminal offences under the law of England and Wales. The procedure is comparable to that of the Crown Court and is presided over by a judge advocate and board of three to seven officers and warrant officers.
The process can be extremely long; an investigation that occurs prior to the individual being charged can take many months. It can take up to six months to get to trial once the charges from the high-level commanders have been referred to the Court Martial.
As part of the Court Martial process, the following punishments can be imposed:
The judge advocate decides on matters of law, practice and procedure. The board makes findings of guilt or innocence by a majority vote. The judge advocate and board cooperate to deliberate on sentencing in the Court Martial.
Sentencing in the Court Martial takes place when offences can’t be dealt with by summary hearing. These types of offences include:
If a member of the armed forces commits a serious crime like rape or murder, they could still be tried by a Court Martial depending on where and when the offence took place.
A person charged with a minor offence has the right to choose trial by Court Martial instead of a summary hearing. However, in this instance, the offender cannot be given a punishment greater than the maximum available to the Commanding Officer.
Various types of Court Martial have existed, and they include the following:
Deals with the most serious cases and commissioned officers. Only the General Court Martial and the Field General Court Martial could impose the death penalty.
Primarily used in wartime, and decisions had to be unanimous when making decisions regarding the death penalty.
Could not try any commissioned officer, but tried more serious crimes than a Regimental Court Martial.
Brief trials for officers of a lower rank and for less serious offences.
The Court Martial process changes somewhat if it is a civilian being tried. In such cases, the board comprises of civilian members who do not participate in sentencing in the Court Martial. Instead, the judge advocate sentences alone. According to Court Martial law in the UK, the following punishment can be imposed on a civilian:
Court Martial can be appealed at the Court Martial Appeal Court which was founded in 1951.
After a Court Martial, the individual will see out their punishment. This could be imprisonment, dismissal or a detention at the MCTC. The MCTC may be the appropriate outcome if:
We hope our blog post covered everything you need to know regarding the Court Martial process and the main types of Court Martial. If you’re looking for a Court Martial law barrister, please get in touch.
Chambers is centrally located within walking distance of the train station, secure car parks and the Courts.
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