Military Law

Newcastle, Durham, Teesside, Sunderland, Northumberland & North East areas

John Brown is ex-RAF so has an understanding of military life and can has an ability to connect with clients who are, or have been in the Armed Forces. 

Court Martial

The Armed Forces Act 2006, established the Court Martial as a military court. The Court Martial hears general criminal cases in England and Wales which have been committed by members of the armed forces, and cases of breaches of military law.

A Court Martial works is a similar way to a Crown Court, except that the jury is known as the Board and the judge is called the Judge Advocate. The Board comprises of between 3-7 military officers, depending on how serious the offence is that they are hearing.

Powers of a Court Martial?

A Court Martial has powers which are similar to those of the Crown Court. It can hand down sentences such as fines, prison terms in civilian prisons, detention in a Military Corrective Training Centre, expulsion from the armed services, and a range of other punishments which can be arranged by a Commanding Officer.

Can I appeal against a Court Martial sentence?

Yes, there is a Court Martial Appeal Court which has the job of hearing appeals regarding decisions and sentences made by the Court Martial. Most of the judges working in the appeals systems come from the civilian Court of Appeal. There is also the right to make a further appeal to the Supreme Court, if appropriate.

What sorts of offences can end up in a Court Martial?

If something is a criminal offence in England and Wales, a serving member of the military can be brought before the Court Martial and be tried for the offence, irrespective of where in the world the incident happened. The sort of offences covered by this can include careless driving, fraud, assault, theft, rape, and many more.

Can civilians be covered by military law?

In certain circumstances, such as if a civilian is on board a military aircraft or ship, or if they are working in a support role for an organisation, such as working for e.g. NAAFI or NATO, then they are subject to military law. This rule also covers people who are living with members of the military on base, and also people working as MOD contractors.

​Legal Representation

We can represent you at a Court Martial either in the UK or at any other military base worldwide. You are entitled to have your legal fees paid. All members of the Armed Forces have access to the Armed Forces Legal Aid Scheme to assist in the funding of advice and representation in military police interviews and military court proceedings such as Courts Martial and Summary Appeal Courts.

The scheme is administered the Armed Forces Criminal Legal Aid Authority (AFCLAA) at Upavon. You can call them on 01980 618008 or military 94344 followed by the extension.

Until a few years ago, service personnel received legal aid free of any contributions. However, you may now have to pay a contribution and the contribution levels will depend on your income and capital. If you are found not guilty then you will normally be able receive all your contributions back and will pay nothing. 

Military Compensation Claims

We can pursue compensation claims for serving and former members of the Armed Forces and Reserves and their families. We can also act for civilians employed by NAAFI and the Ministry of Defence.

We understand the armed services

Working in and with the armed services is more than just a job. We understand that almost any injury could seriously affect your career, livelihood, home and family.

What are the different types of military claims?

A claim can be brought against the Ministry of Defence (MoD) or another party, such as a civilian hospital or manufacturer of military equipment.

Military compensation claims can involve:

  • Personal injury; 
  • Injury on operations or on exercise; 
  • Military accidents at work; 
  • Bullying and assault; 
  • Sexual or racial harassment; 
  • Discrimination; 
  • Sexual assault; 
  • Post-traumatic stress disorder (PTSD); 
  • Non-freezing cold injury (NFCI); 
  • Hearing loss; 
  • Medical negligence by armed forces personnel; 
  • Negligent medical downgrading; 
  • Failure to downgrade; 
  • Failure to observe medical limitations; 
  • Exposure to toxic substances; 
  • Failure in diagnosis; and 
  • Delay in the provision of treatment.
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