Rant on the Court Martial and Service Law

This new edition of Rant on the Court Martial, Discipline, and the Criminal Process in the Armed Services follows the Armed Forces Act 2006, which overhauls the naval and military justice systems, establishing a single system of service law and removing the need for separate consideration of the law applicable to the three services. The Act establishes the Court Martial as a standing court, and will establish a single prosecuting authority. It also abolishes review, removes old offences, establishes new offences and introduces a new sentencing regime reflecting the changes in the civil system brought about by the Criminal Justice Act 2003. It also extends the jurisdiction of Court Martial to allow it to try certain serious offences committed in the UK (treason, murder, manslaughter and rape), brings the new sentencing provisions introduced into civilian practice by the Criminal Justice Act 2003 into the Service jurisidiction as well as making changes to the Service Civilian Court following the extension of jurisdiction over wider sections of civilians. This new edition has been fully revised to provide detailed coverage of the Act, which is due to come into force in October 2009. It includes a new chapter reviewing and assessing the impact of key cases in the European Court of Human Rights; new material highlighting the parallels and differences between procedure in the Crown Court and Court Martial; and a more in-depth treatment of sentencing matters. The appendices will include the various Rules relating to Service courts, relevant extracts from the Act and a list of all 65 Statutory Instruments. This is an essential handbook for those practising in the Service justice system and for academics researching Service law.

1. The Background ; An Historical Introduction ; The Present Day System - The Background and an Overview ; Transitional Arrangements under the Armed Forces Act 2006 ; 2. The Service Environment ; The Jurisdiction of Service Courts ; The Court Martial ; The Judge Advocate ; Sentencing ; 3. Arrest, Custody, Investigation, Legal Aid, and Miscellaneous Orders ; Arrest ; Stop and Search ; Entry, Search, and Seizure ; Custody ; Investigation and Charging ; Legal Aid in the Service Justice System ; Miscellaneous Orders ; 4. Commanding Officer's Investigation and Summary Hearing ; Personalities in the Summary System ; Charging and Mode of Trial ; The Summary Hearing ; Review of Summary Proceedings ; 5. The Court Martial ; The Standing Court ; Jurisdiction ; The Service Prosecuting Authority ; Bringing the Defendant to Trial ; The Defendant - Notification and Defence ; Disclosure ; Personalities of the Court Martial ; Preliminary Proceedings ; The Public Nature of the Court Martial ; The Trial - Preliminaries ; Procedure Following a Plea of Guilty ; Evidence ; Procedure in a Plea of Not Guilty ; Sentencing Proceedings ; Variation Proceedings (the Slip Rule) ; Appellate Proceedings ; Activation Proceedings ; Ancillary Proceedings ; Record of Proceedings ; Witnesses - Miscellaneous Provisions ; Order of Procedure in a Trial by Court Martial ; 6. Civilians ; Jurisdiction of the Service Courts to Try Civilians ; The Service Civilian Court ; Ancillary Proceedings in the Service Civilian Court ; Trial in the Court Martial ; 7. Sentencing Powers ; Principles of Sentencing ; Sentences Available ; Recording Convictions on the Police National Computer ; Powers of Punishment in the Summary Process ; Disciplinary Action against Detainees in Service Detention ; Sentencing in the Court Martial ; Sentencing Guidelines ; Sentencing Civilians ; 8. Appeals and Reviews ; Review in the Service Justice System ; The Summary Appeal Court ; Detainees in Military Corrective Training Centre - Review of Punishment ; Civilians - Appeal from Service Civilian Court to the Court Martial ; The Court Martial Appeal Court ; 9. The Effect of the European Convention on Human Rights on the Services Justice System ; Early Challenges to the Court Martial System ; Further ECHR Challenges post-Findlay ; The Human Rights Act 1998 and the Armed Forces Discipline Act 2000 ; The Future ; Selected Recent Cases that have Considered the Service Justice System ; APPENDICES ; Appendix 1: Armed Forces (Court Martial) Rules 2009 ; Appendix 2: Armed Forces (Summary Appeal Court) Rules 2009 ; Appendix 3: Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 ; Appendix 4: Armed Forces (Service Civilian Court) Rules 2009 ; Appendix 5: Armed Forces (Court Martial Appeal Court) Rules 2009 ; Appendix 6: Armed Forces Act 2006 Schedule 1 (criminal conduct offences that may be dealt with at a summary hearing) ; Appendix 7: Armed Forces Act 2006 Schedule 2 (schedule 2 offences) ; Appendix 8: Armed Forces Act 2006: Statutory Instruments laid in 2009