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Court Martial Representation- an article by Peter Furness, Court Martial Defence Advocate

The term Court Martial is widely known, but little understood. I hope to briefly explain what a Court Martial actually is, how it differs from a ‘civilian’ Court, and how Clark Willis Law Firm LLP might be able to help anybody who requires representation before the Court Martial.

What is a court martial?

A Court Martial deals with members of the Armed Forces who are subject to military law.  Military law covers specific military offences, such as going absent without leave and desertion etc, but also the type of criminal allegations that occur in civilian life, such as assault, theft and criminal damage etc.  If any allegation of any nature is made against a member of the Armed Forces, the Court Martial will generally deal with their case, as opposed to it being dealt with by a civilian Court.  This is especially so, if the alleged offence takes place on a military base, and/or involving other military personnel.

What happens at a Court Martial?

The Court Martial comprises of a Judge Advocate and a Board of Officers, the number of which depends upon the seriousness of the allegation.  If there is to be a Trial, then the Board of Officers determine guilt or innocence like a Jury.  The Judge Advocate oversees the proceedings, to make sure that they are procedurally and legally fair.  If the Defendant is to be subsequently sentenced, whether following a trial or a guilty plea, then the Judge Advocate and the Board of Officers, will decide that sentence, in accordance with guidelines which are similar, but not the same, as a civilian Court.

Very occasionally, a civilian, who is subject to military law, may be dealt with by a Court Martial, but in the vast majority of cases, the Defendants are service personnel.

The procedure followed in both Courts is similar and the law of course is exactly the same. By definition, the terminology is often of a military nature, and this requires a basic understanding of military procedure to effectively represent a client before the Court Martial.

A bit about me…..

I am a partner with Clark Willis Law Firm LLP and have been conducting Court Martial defence work for over 20 years. Whilst my ‘local’ Court Martial is at Catterick Garrison, I often travel to other Court Martial sites in England, or even abroad, where the British military are based.

I have dealt with all manner of cases, from relatively minor breaches of military law, to the most serious types of assaults / sexual assault.  I either deal with the case from start to finish throughout, or in the case of particularly serious matters, I would instruct expert/specialist barristers to represent the client before the Court Martial.

If you have a court martial you wish to discuss call me today for a free no obligation chat on 01325 281111.

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