Military Law in UK Law

Leading Cases
  • R v Glenton (Joe)
    • Court of Appeal (Criminal Division)
    • 21 Abril 2010

    In addressing the submissions of Mr Wrack, we have reminded ourselves that the Court Martial is a specialist criminal court. That does not mean that we accept blindly the decision of the Court Martial, but we must attach due respect to a court which is designed to deal with service issues. They particularly deal with service issues which arise in circumstances which cannot arise for any civilian. For example, a civilian who goes absent from his or her job does not commit a crime.

  • Sepet v SSHD
    • House of Lords
    • 20 Marzo 2003

    There is compelling support for the view that refugee status should be accorded to one who has refused to undertake compulsory military service on the grounds that such service would or might require him to commit atrocities or gross human rights abuses or participate in a conflict condemned by the international community, or where refusal to serve would earn grossly excessive or disproportionate punishment: see, for example, Zolfagharkhani v Canada (Minister of Employment and Immigration) [1993] FC 540; Ciric v Canada (Minister of Employment and Immigration) [1994] 2 FC 65; Canas-Segovia v Immigration and Naturalization Service (1990) 902 F 2d 717; UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, paras 169, 171.

  • Amand v Secretary of State for Home Affairs and Another
    • House of Lords
    • 21 Julio 1942

  • R DA (Iran) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 15 Mayo 2014

    In my judgment, neither the Secretary of State nor Lang J made any error of law. The onus was upon the appellant to establish his good character for the purpose of section 6(1) of and schedule 1 to the 1981 Act.

  • MA (Female draft evader)
    • Immigration Appeals Tribunal
    • 04 Mayo 2004

    The UNHCR recommendation for temporary protection while the situation is reviewed in mid 2004 is weighty. But the material which is the most troubling is that which concerns the forced return from Malta of those who were of draft age, and were in part at least failed asylum seekers. They appear to be held incommunicado, without charge or visits in conditions which do not appear to be simply the spartan ones to which CIPU referred for civilian prisons.

  • R v McKendry
    • Court of Appeal (Criminal Division)
    • 20 Febrero 2001

    The offence of going absent without leave, as indeed the offence of desertion, is not one in respect of which any civilian parallel exists. The sentencing considerations involve factors that are particular to the armed services, in respect of which their judgment and experience are entitled to great weight.

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Legislation
  • Army and Air Force (Annual) Act 1943
    • UK Non-devolved
    • 1 de Enero de 1943
    ...... laws of this realm; yet, nevertheless, it being requisite, for the retaining all the before-mentioned forces, and other persons subject to military law or to the Air Force Act, in their duty, that an exact discipline be observed and that persons belonging to the said forces who mutiny, or stir up ......
  • Army Act 1881
    • UK Non-devolved
    • 1 de Enero de 1881
    ...... Part II., enlistment: . Part III., billeting and impressment of carriages: . Part IV., general provisions. . Part V., application of military law, saving provisions, and definitions. I . Crimes and Punishments. PART I. . DISCIPLINE. . Crimes and Punishments. . Offences in respect of ......
  • Armed Forces Act 1971
    • UK Non-devolved
    • 1 de Enero de 1971
    ...... Revision of Service Offences and Punishments . Misconduct in action and other offences arising out of military etc. service . Misconduct in action and other offences arising out of. military etc. service. . S-2 . Misconduct in action, assisting the enemy, ......
  • Army and Air Force Act 1961
    • UK Non-devolved
    • 1 de Enero de 1961
    ...... the Air Force Act, 1955; to amend the Courts-Martial (Appeals) Act, 1951; to validate the employment of British protected persons in certain military and air forces; and for purposes connected with the matters aforesaid. . Be it enacted by the Queen's most Excellent Majesty, by and with the advice ......
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Chapter IHTM12046
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ...... A privileged Will is exempt from complying with the Wills Act 1837/S9 and can only be made by a member of HM Forces engaged in actual military service or in conditions similar to actual military service. Merchant seamen and others in conditions similar to actual military service can also ......
  • Chapter SGSELSG5010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......But licences are required for:. military goods;. dual-use goods listed in Schedule 3 of the Export Control Order 2008 where the control is to any destination including a Member State;. ......
  • Chapter CH206125
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... a prominent or public figure, including celebrities, politicians, royalty and members of the military and diplomatic corps. a prominent or public institution, including HMRC and other government departments. a significant political issue or high ......
  • Chapter EIM74305
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......4567). * Personal Injuries (Civilians) Scheme 1983 (S.I. 1983/686). * Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (S.I. 1983/883). Where part of a pension or allowance exempted by Section 639 ......
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