Military Law in UK Law

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

  • 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.

  • 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 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.

  • 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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  • Army Act 1881
    • UK Non-devolved
    • 1 de Enero de 1881
    ... ... 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 ... ...
  • Army Act 1955
    • UK Non-devolved
    • 1 de Enero de 1955
    ... ... corps, but save as may be provided by such regulations ... recruits shall be enlisted for general service ... (2) The competent military authority shall as soon as practicable ... appoint a recruit, if enlisted for service in a corps, to that ... corps, and if enlisted for general ... ...
  • The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009
    • UK Non-devolved
    • 1 de Enero de 2009
    ... ... (a) of AA 1955 or AFA 1955 or section 43(1) (e) of NDA 1957;“subject to air-force law” has the same meaning as in AFA 1955;“subject to military law” has the same meaning as in AA 1955;“subject to NDA 1957” means subject to NDA 1957, within the meaning of that Act ... (2) For the ... ...
  • Air Force (Constitution) Act 1917
    • UK Non-devolved
    • 1 de Enero de 1917
    ... ... they are made ... Transfer and attaching to Air Force of members of Naval and Military Forces. 3 Transfer and attaching to Air Force of members of Naval and Military Forces ... (1) Any officer, warrant officer, petty officer, ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • Employment Matters – UK - September 2016
    • JD Supra United Kingdom
    Employees Working Abroad: Factors Supporting a Connection With Great Britain Giving Entitlement To Bring an Employment Tribunal Claim - As you will be aware, even if an employee does not work ...
    ... ... newspaper), or who work abroad in an extra-territorial British enclave (e.g., on a British military base), ... or have “equally strong connections with Great Britain and British employment law” could have ... statutory employment ... ...
  • Loyalty And Stoicism Can Work To The Detriment Of Soldiers / Other Military Service Personnel
    • Mondaq UK
  • Claims Against UK Soldiers: A Balance To Be Struck
    • Mondaq UK
    ...Recently there has been widespread media coverage concerning claims made against UK soldiers arising from military conflicts abroad. The years since the campaigns in Iraq and Afghanistan have seen a huge number of claims brought under European human rights laws, ... ...
  • Drones in UK Skies: An Increasingly Crowded Regulatory Airspace
    • JD Supra United Kingdom
    With drones or unmanned aerial vehicles (UAVs) becoming commonplace in the UK in both commercial and non-commercial applications, the law has been required to evolve and play catch-up. Althoug...
    ... ... applications, the law has been ... required to evolve and play catch-up ... Although drones have been used ... by the military for some time, they ... are now becoming increasingly ... accessible to amateur and commercial ... users alike, since the term ... ...
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