Court Martial 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.

  • R R Cart (First Claimant) U (Second Claimant) XC (Third Claimant) The Upper Tribunal (First Defendant) Special Immigration Appeals Commission (Second Defendant) The Secretary of State for Justice (First Interested Party) The Secretary of State for the Home Department (Second Interested Party) Child Maintenance & Enforcement Commission (Third Interested Party) Mrs Wendy Cart (Fourth Interested Party) The Public Law Project (Intervener)
    • Queen's Bench Division (Administrative Court)
    • 01 Diciembre 2009

    section IV(2)(a) below I discuss the historic primacy of the High Court's predecessor, the Court of King's Bench. To offer the same guarantee of properly mediated law, any alternative source must amount to an alter ego of the High Court; and indeed there are instances where the authoritative source is another court, such as the Court-Martial Appeal Court and the Restrictive Practices Court (see the reference at paragraph 71 below to R v Cripps, ex parte Muldoon [1984] 1 QB 68).

  • R v Richard Dundon
    • Court of Appeal (Criminal Division)
    • 18 Marzo 2004

    However, we are unable to envisage any circumstance in which, an Article 6 breach having arisen from want of independence and impartiality in the tribunal, it would be possible to conclude that the conviction is safe.

    In relation to those other cases presently awaiting review by the Reviewing Authority under s70 of the Naval Discipline Act where, prior to the procedural changes implemented as a consequence of Grieves, a defendant was tried by a court-martial in which the Judge Advocate was a serving officer, it seems likely that this court will quash any convictions confirmed on review.

  • R v Downing (Matthew John)
    • Court of Appeal (Criminal Division)
    • 23 Marzo 2010

    The question whether the criminal activities of a member of the military require dismissal from the Service is pre-eminently, although not exclusively, a decision for the Court Martial.

  • R v Spear; R v Hastie; R v Boyd; R v Williams and nine other defendants (Conjoined appeals)
    • House of Lords
    • 18 Julio 2002

    There is nothing to suggest that they remain subject to service discipline in relation to their judicial decision-making, and again it is hard to see how they could. Any person seeking to influence the decision of a sitting member of a court-martial otherwise than at the hearing would, however, be at risk of prosecution either for perverting or attempting to pervert the course of justice or under section 69 of the Army Act.

  • R v Blackman
    • Court of Appeal (Criminal Division)
    • 05 Agosto 2014

    He was handled in a robust manner by those under [the appellant's]command clearly causing him additional pain and [the appellant] did nothing to stop them from treating him in that way. When out of view of the PGSS [the appellant] failed to ensure he was given appropriate medical treatment quickly and then ordered those giving him some first aid to stop.

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Books & Journal Articles
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Law Firm Commentaries
  • Claims Against UK Soldiers: A Balance To Be Struck
    • Mondaq UK
    ... ... has to be remembered that his trial and imprisonment was by way of court martial under military law. There is no suggestion that this came about ... ...
  • Notice Of Prove – Ultimate Fabrication Challenge
    • Mondaq UK
    ... ... This was largely due to the ever growing popularity of mixed martial arts and the Ultimate Fighting Championships in which the Defendant ... generated due to the alleged scuffle between the parties outside the court. However beyond the tabloid headlines the case provided a useful reminder ... ...
  • The Art Of Negotiating Divorce Settlements
    • Mondaq UK
    ... ... The cost - both financial and emotional - of court litigation should not be underestimated. The delays in the court system ... Usually, one party to a martial breakdown is suffering from guilt. Feelings of guilt emerge even if there ... ...
  • Stepping Around The Corporate Veil: Prest In Action
    • Mondaq United Kingdom
    ... ... Following a 3 year wait for the judgment of the Supreme Court in Prest v Petrodel Resources Limited [2013] UKSC 34 to be handed down, a ... M of Mr M's share of the balance of sale proceeds of the former martial home, a lump sum of £38 million and provision for child maintenance ... ...
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