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The court-martial is the standard forum for the trial of soldiers for the commission of military and criminal offences. Within the United Kingdom, the trial of civilian criminal offences is normally undertaken by the local civilian courts, although it is quite often the case that the Army will be granted jurisdiction to try a soldier by court-martial. Within Germany, jurisdiction is based upon the terms of the NATO Status of Forces Agreement (SOFA) and the Supplementary Agreement[1] thereto, which grants the sending state the primary right to exercise jurisdiction over its soldiers who commit offences while on duty, or where the offence is solely against the interest of the sending state, and exclusive jurisdiction where the offence is against the security of the sending state. In other cases, where the jurisdiction is concurrent, there is a primary right for the receiving state to exercise jurisdiction. However, under the terms of the Supplementary Agreement to the NATO SOFA, the German Authorities have waived jurisdiction in favour of the sending state (UK), and the military authorities can exercise such jurisdiction, provided the receiving state does not recall the waiver within 21 days.
The two main types of court-martial are: The District Court-Martial (DCM) and the General Court-Martial. (GCM). A DCM will comprise 3 Army officers, and a judge advocate. Its maximum powers of punishment are two years imprisonment. A GCM, on the other hand, will comprise not less than 5 officers, plus a judge advocate. Its maximum powers of punishment are whatever is prescribed by law for the offence(s) of which the accused is convicted.
The Standing Civilian Court was created by the Armed Forces Act 1976 and has a jurisdiction over service dependants and UK based civilians working for the MOD who are within the limits of the command of an officer commanding a body of the regular forces outside the United Kingdom. However, once subject to that jurisdiction, the actual trial may take place wherever the interests of justice so demand. As its name suggests, it is a permanent court and does not require to be convened each time it sits (as is the case, of course, with a court-martial).
The court is presided over by a magistrate who is a senior judge-advocate. He usually sits alone although, when hearing cases involving juveniles, he will sit with assessors, who are usually Crown Servants. Appeals from the Standing Civilian Court go to a court-martial.
The rules which govern the proceedings are contained in the Standing Civilian Court Order. The proceedings are less formal than those of a court-martial, although the powers of sentencing are wider (albeit limited to a maximum of 12 months imprisonment).
Cases which involve serious allegations will not normally be tried by the SCC. They will go to court-martial, where the range of sentencing options is extended, in the case of civilians, by the APOTOC Regulations (Additional Powers on Trial of Civilians by SCC and Court-Martial).
Unlike a soldier, a civilian does not have a commanding officer until one is specifically appointed. The only reason for making such an appointment would be for the consideration of any charges advised and the determination of whether formal disciplinary action should be taken. If that is the so, the commanding officer will decide, upon receiving legal advice from his nearest Army Legal Services office that there is a prima facie case, what course to take. If he determines that trial by SCC or court-martial is appropriate, he will refer the matter to his higher authority with his recommendation, for their consideration, and onward referral to the Army Prosecuting Authority (APA). Alternatively, he may decide to take no formal action or he may decide that trial before a civilian court would be more desirable. Very few civilians are dealt with summarily, by the Brigade/Garrison Commander, although there is this possibility. The powers of punishment in such circumstances are severely limited and any penalty imposed cannot be greater than a fine of £100. However, bearing in mind the existence of the Standing Civilian Court, only exceptionally will a case be dealt with summarily, where the allegations are extremely minor.
This is a new court created by the Armed Forces Discipline Act 2000, the principal effects of which are summarised at this link. It is presided over by a specially appointed judge advocate and two officers. It will hear appeals from commanding officers' decisions in relation to both findings and awards. [There is no right of appeal for civilians dealt with summarily by Appropriate Superior Authorities]. The mode of dress for advocates is as for a court-martial (although members of the court, and military lawyers appearing as respondent, may wear working dress - this could even be combat uniform or barrack dress). One addresses the judge advocate as "sir" or "m'aam" depending, of course, upon gender. Appeals from CO's decisions must be lodged within 14 days. Any serviceperson dissatisfied with the judgment of the SAC may appeal to the Divisional Court on a point of law.
Procedures before military courts
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