Civilian Criminal Matters
Crimes committed by military personnel are handled much differently than in civilian law. Whether you’ve been summoned to appear before a court-martial for alleged criminal offences, or you’re a military member in civilian jail, DPP’s military law solicitors can provide you with legal advice.
Civilian Crimes Committed by Military Members
The majority of the time, military service members must conform to the laws and punishments of the Uniform Code of Military Justice (UCMJ). However, processes can become difficult if a military personnel abides by the military legal system, but fails to abide by the laws of the state outside of a military installation.
The armed forces have no choice but to allow both the military and civilian courts to have jurisdiction – resulting in a potentially confusing and problematic situation.
Two systems of jurisdiction running alongside each other can lead to two different punishments for the exact same crime, such as DUI laws. Service personnel are not always protected by double jeopardy legislation in this situation and can find themselves having committed a state crime as well as committing a crime in the military legal system.
If this kind of delicate situation isn’t handled with expertise and extreme care, service members can find themselves facing administrative action from their Commanding Officer – alongside any civilian law enforcement.
If a crime has been committed by military personnel, the accused needs expert legal advice to guide them through both the military courts and the civilian courts. The military correctional and legal system is incredibly complicated, so once civilian law is added in, expert solicitors are a prerequisite to a fair outcome.
How DPP Can Help?
Due to the complexity of these cases, it’s highly recommended to seek legal advice and a law firm, and is often seen as a prerequisite.
The solicitors at DPP Law have more than 30 years’ worth of experience in successfully defending clients accused of offences in a variety of specialist areas.
So, once you have decided to appeal the decision made by your commanding officer, DPP Law’s expertise in the military justice system is key if you want to have expertise by your side, presenting your case in the best light in both military and civilian courts.
DPP Law Can Advise On Military Law Cases Such As:
- Civilian Criminal Matters
- Summary & Court Martial Appeals
- Summary Hearings
- Court Martials
- Police Station Interviews
Alongside this, our solicitors advise Individuals on:
- Criminal Defence
- Sexual Offences
- Benefit Fraud Defence
- Serious Driving Offences
- Military Law
- Corporate & Financial Crime
- Family Law
- Personal Injury
- Road Traffic Accidents
Frequently Asked Questions
What Are Civil and Criminal Matters?
Civil matters handle the private rights of a person, whilst criminal matters deal with the legal punishments of criminal activities.
How Are Military and Civil Law Related?
Whilst civilians are only subject to civil law, service members are subject to both civil law and the Uniform Code of Military Justice (UCMJ) – meaning that service members are subject to law enforcement from both the forces and the civil law enforcement.
Can Military Personnel Be Tried In Civilian Court?
Yes. If a service member is found to have committed a civilian crime outside of a military installation, they can be arrested by civilian police and tried in a civilian court. They are also likely to face administrative action from the force too.
Conclusion
Being subject to two separate legal entities that run alongside each other is complex, difficult to understand and can present many problems for military personnel.
Get in touch with DPP Law’s expert military solicitors to make the process smoother. They can work to give you the best foundation across both legal systems, represent you before the military and civil court and ensure that you receive a fair trial.
