Military Law
Armed forces discipline, courts martial, service complaints, and military justice.
Introduction
Military law in England & Wales governs the discipline, administration, and legal rights of members of the armed forces. The Armed Forces Act 2006 created a single system of service law for all three services (Army, Royal Navy, Royal Air Force), replacing separate service-specific legislation. The Service Justice System includes the Court Martial (equivalent to the Crown Court), the Summary Appeal Court, and the Service Civilian Court. Members of the armed forces retain their fundamental rights under the Human Rights Act 1998, subject to necessary modifications for service life.
Core Principles
Service Discipline — The Armed Forces Act 2006 defines service offences, including both criminal offences under the general law and purely disciplinary offences specific to the armed forces.
Court Martial — The Court Martial tries the most serious service offences. It comprises a judge advocate and a panel of lay members. Appeals go to the Court Martial Appeal Court (CMAC).
Service Complaints — Members can make service complaints about matters such as bullying, discrimination, and terms of service. The Service Complaints Ombudsman oversees the complaints system.
ECHR Applicability — The armed forces are bound by the Human Rights Act 1998. The scope of ECHR obligations in military operations abroad has been the subject of significant litigation.
Key Statutes
Armed Forces Act 2006
Leading Cases
Smith v Ministry of Defence
[2013] UKSC 41
Common Scenarios
Service member facing court martial
The accused has the right to legal representation (funded by the Armed Forces Legal Aid Scheme), the right to a fair trial, and the right of appeal to the Court Martial Appeal Court.