Court Martials

If you find yourself in a situation that puts you in a military Court Martial, you’ll need expert legal advice to help you navigate the complex Court Martial procedures.

DPP Law’s solicitors can represent you throughout the Court Martial process and work to get you a fair hearing and the best possible outcome.

The Court Martial Legal Process

The Court Martial process exists to implement the Armed Forces Act 2006 – separately but concurrently with civilian courts, and hears all types of service and criminal offences. The military justice system and military court service applies to all members of the armed forces; Royal Navy, British Army, and Royal Air Force.

Following a member’s arrest, interview and investigation, the accused will then face the Court Martial, but the type will depend on the charge. Smaller offences are sent to the Regimental Court Martial, whilst more serious offences are referred to the General Court Martial.

How likely am I to need legal advice?

Regardless of the Court Martial case against, you will require legal experts who can help you navigate the complex procedures and offer legal advice in a precise manner. The process is also incredibly time consuming and can take upwards of a year, depending on the complexity of the case.

This is due to the investigation process. Service police and Commissioning Officers must conduct a thorough examination of the facts and evidence. Once the case gets to the Court Martial a civilian trained judge, a Judge Advocate General and/or a warrant officer will be assessing the investigation’s details.

How DPP Can Help?

Due to the complexity of Court Martials, it’s highly recommended to seek legal advice and a law firm, and is often seen as a prerequisite before the trial date.

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 a strong foundation, presenting your case in the best light in appeals for the armed forces.

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

Can a Court Martial Be Overturned?

Military Court Martial services operate on an automatic appeal basis, so with legal guidance, you’ll be able to appeal your charges and sentence through the Court Martials court of appeals.

Are Court Martials Public Record?

Whilst the courts themselves are open to the public and the press, service members’ records are private and confidential from public record.

What Happens When You Get Court Martialled?

Evidence will be presented to support the charge against you, in front of those presiding the case. The number of people overlooking the trial will depend on the type of Court Martial, but the judge advocate will decide on matters of service law.

How Long Does a Court Martial Take?

A Court Martial can take many months, as the investigation process is extensive. More serious charges can take upwards of a year.

What Are The 3 Types Of Court Martial?

There are three types – general court martial, district court martial and regimental court martial.

Conclusion

The simpler and more minor cases and criminal matters will be handled by the Commanding Officer to begin with, but once appealed will face the Summary Court Martial Appeal Courts and be presided over by one member.

If the case is more complex or serious, appeals from the accused will be put before the Special or General Court Martial Appeal Courts – in which more members and warrant officers will preside.

Regardless of the type of case or court, the Court Martial Appeal Court rarely has straightforward and easy to understand processes, making it particularly time consuming.

Get in touch with DPP Law’s expert military solicitors to make the process smoother. They can work to give you the best representation of you before the court and ensure that you receive a fair hearing.