Practice Groups
COURTS MARTIAL for CRIMINAL AND DISCIPLINARY OFFENCES
A Court Martial takes the form of a trial with a presiding judge, a prosecutor, and Counsel for the defence, (all trained lawyers as well as officers or given honorary rank for the purpose of the hearing).
The process in the United Kingdom is governed by the Armed Forces Act 2006 and applies to members of the Royal Navy, Army, and Royal Air Force, and also to civilians subject to service discipline.
Presiding over a hearing is a Judge Advocate and a panel made up of officers and warrant officers. The Court Martial has jurisdiction to try offences committed anywhere in the world. Any Service person charged with any offence has the right to elect trial in the Court Martial, and more serious cases are sent directly to the court. The court can deal with the full range of criminal cases, ranging from assault, theft, fraud to rape and murder in some circumstances. The court Martial also deals with disciplinary offences such as disobeying orders, desertion etc. It can impose almost all civilian sentences including imprisonment, and sentences such as detention and reduction in rank.
Legal aid, to assist with the cost of legal representation, is available from the Armed Forces Criminal Legal Aid Authority, which operates a non-statutory scheme based on the equivalent in the civilian courts.
Members accept instructions to defend on both a legal aid or a privately paying basis.
