Procedure
Courts Martial, like any trial, can be a stressful time for service personnel. It can be reassuring to know the process and your role in it.
At the start of any Courts Martial process there will be an investigation and interview by the police. At the Military Police Station you’ll be offered representation, it is always a good idea to accept. You can either choose your own legal representation or you will have one appointed to you.
Although as barristers we’re not allowed to represent you directly at your initial interview (be it civilian, RMP or SIB), we can however recommend an experienced solicitor to be there for the opening stages, or we can work with whichever solicitor you start with, including a Forces lawyer.
Once you know that your case is proceeding to Courts Martial – many are discontinued after the preliminary investigations – you have the right to choose/nominate your own barrister or solicitor to represent you at all the court hearings. This is your choice.
You can request a barrister from KCH Garden Square simply by telling your SSA, they’ll write down your choice of barrister on your Legal Aid form. The SSA sends the Legal Aid form to the Armed Forces Legal Aid Authority (AFCLAA) and your barrister will then be instructed by the ACFLAA through the Legal Aid scheme to represent you. Alternatively, please call us and we’ll speak to the SSA or ACFLAA on your behalf. Failure to choose/nominate a barrister or solicitor means that one will be selected for you by ACFLAA.
Who can be represented?
You’re eligible for representation at a Courts Martial if you are:
1. In any of the armed forces – Army, Navy or Air Force.
2. Whether you are regular, reserve, territorial, or;
3. A civilian living under the jurisdiction of the armed forces.
If you are a civilian contractor working with the armed forces or the families of service personnel living abroad, such as those in Germany and Cyprus, you may be tried in a Service Civilian Court which is much like a civilian Magistrates Court in the UK.
Cost
Legal Aid is provided by the Criminal Legal Aid Authority to cover the cost of representation and any other reasonable costs. Our fees are paid for by Legal Aid, so we don’t take any money from you.
Contact a clerk | +44 (0) 7738 088 920
Latest news events
26th January 2012
Two Nottingham businessmen narrowly escaped being jailed after admitting running a business which left elderly people out of pocket. Samuel Skinner and James Cleary were defending the pair.
10th January 2012
We are delighted to announce a new arrival
We would like to welcome Moira Walsh to our Family and Mediation teams.
7th December 2011
Alastair Munt has written an article on the changing landscape of Courts Martial.
23rd November 2011
Zoe Henry has written an article on Jones v Kernott, entitled “An Opportunity for Some Clarification”.
21st November 2011
We are delighted to announce our new arrivals
We would like to welcome Ben Gow, James Carter and, on the 25th of this month, Nicola McIntosh.
