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Table Of Contents

IIntroduction
Sources
The “Findlay” Reforms
The Legislation
Applicability
Chain of Command
Disciplinary Chain Within the Royal Navy
Disciplinary Chain and Structure Within the Army
Disciplinary Chain Within the Royal Air Force
Non-NATO Member States
General
Arrest
Search on Arrest
Stop and Search – Service Police
Authorised Stop and Search
Entry and Search of Premises by Service Police Authorised by CO
CO Authorised Entry and Search Other than by Service Police
Judge Advocate authorisation of search
Access to Excluded Material
Other Arrest Provisions
Investigation
Service Police
Property Acquired During an Investigation - Disposal
Time limits for offences
Bail/Custody
Custody without charge147
Custody after charge
Interpreter
Damage to or loss of public or service property
Absence From Duty and Conscientious Objection
Contravention of Standing Orders
Misconduct towards a superior officer
Disobedience to a Lawful Command
Fighting or Threatening Behaviour
Ill-treatment of subordinates
Resistance to arrest
Dangerous flying etc
Annoyance by flying
Drugs/Alcohol
Fraud/False Records
Theft
Other Case illustrations:
Disgraceful conduct of a cruel or indecent kind
Case illustrations
Attempts
Incitement
Aiding, abetting, counselling or procuring
Double Jeopardy
Background
Effect of Summary Hearing
Extended Powers
Offences that may be dealt with at a summary hearing
Election for Trial by Court Martial
The Procedure
Burden and Standard of Proof
Summary Punishments
Sentence of Detention by CO
Suspended Sentences
Review of Summary Awards
Legal Aid
The Service Interest:
Case Papers/Advance Information
Statutory Powers of the DSP
Disclosure Obligation
Defence Preparation
Defence Statement
Skeleton Arguments
Form – Suggested Skeleton Argument
Form – Suggested Defence Statement
Form – Suggested Application for Prosecution Disclosure
Trial by Court Martial
Constitution of the Court
Lay Members
Challenge to a Lay Member:
Preliminary Proceedings
Appeal from Preliminary Hearing
Witness Summonsing
Trial Procedure
Rules of Evidence
Memory Refreshing
Defendant’s bad character
Hearsay Evidence
Vulnerable etc Witnesses
Expert Evidence
Circumstances not provided for
Special Measures
Submission of no case to answer
Consideration of the Evidence by Members
Conviction of an offence other than that charged
Release from Custody
Arrest during proceedings at direction of court
Arrest after charge or during proceedings by order of commanding officer
Sentencing: General Provisions
Credit for time served
Sentences Available to the Court Martial
Sentencing When Accused Elected Trial
Imprisonment
Service Detention
Dismissal or Discharge from HM Forces
Fine
Court Orders Other Than Sentences
Sentence – Civilians in the Court-Martial
Service Civilian Court
Appointment of CO
Disclosure by the Director
Time limits
Service of Documents
Procedure
Joinder, Severance and Amendment
Bail/ Custody during proceedings of Service Civilian Court
Sentence – The Service Civilian Court
Judicial Review
To Summary Appeal Court
Appeal -Time Limit
Bail
Advance Information
Substitution of Punishment
Activation of Suspended Sentence
Form of Notice
To the High Court, from the SAC
Time Limit
Bail Pending Appeal
Form – Bail Application (SAC and SCC)
Form - Case Stated Suggested Form
To Court Martial from Service Civilian Court
Form of Notice – Appeal from SCC to CM
Form of Notice – Appeal from SCC to CM – Extension of Time
To the Court Martial Appeal Court
Time Limits
Bail pending appeal
Powers of the CMAC
Prosecution Appeal
Criminal Cases Review Commission
Form – Notice of Appeal to CMAC
Form – Notice of Requisition
Form – Skeleton Application For Permission To Appeal
Form - Suggested Skeleton Appeal Notice
Appeal to the Supreme Court
Forms
Prohibition on Imprisonment
Young Offenders Who Commit Murder
Detention
Detention and Training Order
Overseas Community Orders
Conditional or Absolute Discharge
What are ROE?
Self Defence
Effect of a Breach
Multinational Operations
Remission – Service Detention
Forfeiture and/deductions from pay
Minor Punishments
Admissibility of Evidence Before a Civilian Court
Selected Caselaw
Claims against visiting forces: transfer of liability
AAppendices
Appendix E - Legal Aid Flowchart
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Military Justice Handbook

Military Justice Handbook

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Published by AuthorHouseBooks
The military justice system (MJS) comprises the body of law that governs the disciplinary processes within the three Services. It is important to have a separate justice system to ensure that wherever in the world a serviceman is, if he commits a crime or a disciplinary infraction, he knows he will be dealt with according to military law. The prosecution of civilians subject to Service discipline and young offenders is also included.

Until 2006, each Service had its own disciplinary system and disciplinary act. The Armed Forces Act 2006 introduced a uniform system for the three Services, harmonizing the offences and methods of disposal. This was an enormous undertaking, which has been largely successful. The legislation still remains a complex area, which is daunting to those who are unfamiliar with the system. This handbook attempts to cover the key provisions. To make the task of advising clients a little easier, by “speaking the same language,” a useful list is included of some common acronyms used in the Services.

Bearing in mind the volume of law and regulation, this book is principally designed to give some useful background information about the Service disciplinary system and provide an insight into the main offences charged at summary hearing and court martial. It is a sort of “road map” of the military justice system, which complements the excellent Manual of Service Law and Judge Advocate General’s guidance.
The military justice system (MJS) comprises the body of law that governs the disciplinary processes within the three Services. It is important to have a separate justice system to ensure that wherever in the world a serviceman is, if he commits a crime or a disciplinary infraction, he knows he will be dealt with according to military law. The prosecution of civilians subject to Service discipline and young offenders is also included.

Until 2006, each Service had its own disciplinary system and disciplinary act. The Armed Forces Act 2006 introduced a uniform system for the three Services, harmonizing the offences and methods of disposal. This was an enormous undertaking, which has been largely successful. The legislation still remains a complex area, which is daunting to those who are unfamiliar with the system. This handbook attempts to cover the key provisions. To make the task of advising clients a little easier, by “speaking the same language,” a useful list is included of some common acronyms used in the Services.

Bearing in mind the volume of law and regulation, this book is principally designed to give some useful background information about the Service disciplinary system and provide an insight into the main offences charged at summary hearing and court martial. It is a sort of “road map” of the military justice system, which complements the excellent Manual of Service Law and Judge Advocate General’s guidance.

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Publish date: Oct 29, 2013
Added to Scribd: Nov 06, 2013
Copyright:Traditional Copyright: All rights reservedISBN:9781481787765
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