Legal Defence For Army, Navy & Royal Air Force Personnel

Like the civilian court process, court martial proceedings can be stressful, impacting your service and civilian life. But if you’re accused and arrested by military police or even civilian police, you’re entitled to legal representation. MJR Solicitors are available 24/7 to prepare you for any interview and advise you throughout the process.

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Court Martial Proceedings

Being governed by military law, all army, navy and air forces members accused of breaking service law while serving could face a military court martial trial. Like the civilian court process, court martial proceedings can be stressful, impacting your service and civilian life. But if you’re accused and arrested by military police or even civilian police, you’re entitled to legal representation. MJR Solicitors are available 24/7 to prepare you for any interview and advise you throughout the process.

What Is A Court Martial?

A court-martial is a judicial, military court or a trial inside a military court. Governed by the Royal Forces Act 2006, a court martial is authorised, subject to military law, to decide the guilt of any armed forces member and, if found guilty, to confirm the punishment due.

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Commanding officers can usually deal with most minor offences by low-ranking personnel against UK martial law in a summary hearing, including:

  • Being AWOL
  • Insubordination/misconduct
  • Feigning illness
  • Conduct prejudicial to good order
  • Ill-treating subordinates
  • Civilian offences, including theft, assault, criminal damage

If you’re charged with a minor offence, you have the right to choose trial by court martial instead of a summary hearing. Sentences for more serious offences take place when they can’t be dealt with in a summary hearing and include:

  • Assisting the enemy
  • Operational misconduct
  • Mutiny/rebellion
  • Desertion/defection

The Court Martial Process

The court martial process can be long, with investigations taking many months before you’re charged. Once the charges from high-level commanders have been referred to the Court Martial, it can take up to six months to face trial. But the first part of the process will be your interview.

Initial interview

When someone has lodged an official complaint about you, or when you’re arrested on any charges by the military or civilian police and taken for interviewing, even voluntarily, you’re entitled to legal representation to defend you during the interview.

MJR Solicitors has experience in court martial proceedings to prepare you for the interview and be there with you from start to finish. We can usually arrange for your interview to take place at a certain time, giving you and us time to prepare fully.

Court martial hearing

Following the interview and investigation, you may be summoned to a court martial hearing where the court will determine whether you’re guilty or not. There are four types of court martial hearings working in a similar way to civilian courts, ranging from:

  • Regimental Court Martial - for low-ranking officers and minor offences
  • District Court Martial - for low-ranking officers and more serious offences
  • Field General Court Martial - usually used during wars and could lead to the death penalty
  • General Court Martial - the highest level of court for the most serious crimes

During your trial, the Judge Advocate will oversee the proceedings, and the board (a jury consisting of commissioned officers or warrant officers) will decide whether your outcome is guilty or not. If you’re found guilty, the Judge will decide your sentence and punishment, which could include going to prison in a civilian jail, dismissal from the armed forces, or an unlimited fine.

Whatever your sentence or punishment, you’re entitled to legal representation throughout.

Contact MJR Solicitors Today

Our specialist regulatory defence solicitors at MJR Solicitors all understand the huge impact the court martial process can have on your service career and life for you and your family as a civilian. We treat every case with delicacy and due consideration at every stage so we can help you and your family in the best way.

If you’re being investigated or have been charged and you need expert representation, contact us for specialist court martial defence. We’ll ensure you’re fully prepared for any interviews or hearings, giving you confidence and the best defence. Call today on 01243 945 054, or email us at info@mjrsolicitors.co.uk and our regulatory defence team will help you.

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