Law and Rights
The Court Martial - (see Armed Forces Act 2006 s.154) - sitting at Portsmouth has adjourned until 14th April whilst Judge Advocate McGrigor considers representations relating to apparent bias made to him by counsel - see Portsmouth News. The case concerns a Royal Navy Medical Assistant Michael Lyons who has claimed conscientious objection to carrying out rifle training prior to deployment to Afghanistan. Lyons' counsel has argued that there could be an appearance of bias as opposed to actual bias because, in 2004 the judge advocate had acted as prosecutor for the Royal Air Force in the trial of a Muslim air reservist who absented himself from duty in Iraq.
The Court Martial comprises
a Judge Advocate who sits along with a panel of so-called "lay members" who are serving officers or warrant officers. The composition of the court is set out in section 155 of the 2006 Act.
- Sgt. Danny Nightingale ~ Military Justice Under The Microscope (1)
Duke of Lancaster's RegimentUpdate 1st July - Court Martial to start hearing evidence ---- Sergeant Danny Nightingale will be on trial - for the second time - at the Court Martial sitting at Bulford Military Court Centre, 1st July 2013 at 10:00 am,...
- Sergeant Danny Nightingale ~ Court-martial And Sentence
Update 1st May 2013 - The Guardian reports ruling of judge that there was no abuse of process revealed by certain e-mails. Update 22nd March 2013 - R v Sgt Nightingale ? An unsolicited sentence indication by the trial Judge placed undue pressure...
- Police And Crime Commissioners No. 4 ~ Revised Guiance For Magistrates
The Senior Presiding Judge's Guidance to magistrates with respect to Police and Crime Commissioner elections has now been rewritten and is reproduced here. The latest version is expressed to be "interim" and will be reviewed in the light of...
- And Yet A Bit More On Judicial Blogging
* The seat of judgment *"Grim and vast, In hermit loneliness, it sits and broods ..." from The Sphinx by Andrew Downing An important thing for any decision-maker to avoid is bias. Bias may be actual or apparent. In respect of judicial office-holders,...
- Did Minister Act Unlawfully In Relation To Bid For Bskyb ?
Updated The Leveson Inquiry continues to fascinate. On Tuesday 24th April, the Inquiry published e-mails (Exhibit KRM18) between persons acting for News Corporation and the office of Jeremy Hunt (Culture Secretary) - see The Guardian 25th...
Law and Rights
Court Martial adjourned ... the law on bias ... conscientious objection
The Court Martial comprises
a Judge Advocate who sits along with a panel of so-called "lay members" who are serving officers or warrant officers. The composition of the court is set out in section 155 of the 2006 Act.
Bias: May be either actual or apparent. The judiciary is very keen to avoid even an appearance of bias. The test is set out in case law and was quite recently summarised by the House of Lords (in relation to Police Officers serving as jurors) in Abdroikof [2007] UKHL 37 - Lord Bingham at para.14. The legal test is whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased.
Conscientious objection: The Military Service Act 1916 provided for conscription aimed at meeting the mounting losses during World War 1 and also permitted conscientious objection though, in practice, the process was very difficult. The history of this is interesting and is discussed in considerable detail on the Peace Pledge Union website. The well-known Member of Parliament Fenner Brockway was among the earliest objectors. Conscription no longer exists but serving personnel who wish to claim conscientious objection are able to refer the matter to the Advisory Committee on Conscientious Objectors - (see here) - which has been in place since 1970.
The Armed Forces Act 2006: This set down a single code of military law applicable to all three services. The offence of disobedience to a lawful command is in section 12. The offence carries a maximum punishment of 10 years imprisonment. The Court Martial may award other punishments such as dismissal from Her Majesty's service etc. - see s.164 of the Act. In 2006, Flt.Lt. Kendall-Smith, an RAF doctor, was sentenced to 8 months imprisonment for refusing to serve in Iraq.
The European Court of Human Rights and Conscientious Objection: A useful factsheet on this subject is available on the website of the European Court of Human Rights.
The Armed Forces Act 2006: This set down a single code of military law applicable to all three services. The offence of disobedience to a lawful command is in section 12. The offence carries a maximum punishment of 10 years imprisonment. The Court Martial may award other punishments such as dismissal from Her Majesty's service etc. - see s.164 of the Act. In 2006, Flt.Lt. Kendall-Smith, an RAF doctor, was sentenced to 8 months imprisonment for refusing to serve in Iraq.
The European Court of Human Rights and Conscientious Objection: A useful factsheet on this subject is available on the website of the European Court of Human Rights.
- Sgt. Danny Nightingale ~ Military Justice Under The Microscope (1)
Duke of Lancaster's RegimentUpdate 1st July - Court Martial to start hearing evidence ---- Sergeant Danny Nightingale will be on trial - for the second time - at the Court Martial sitting at Bulford Military Court Centre, 1st July 2013 at 10:00 am,...
- Sergeant Danny Nightingale ~ Court-martial And Sentence
Update 1st May 2013 - The Guardian reports ruling of judge that there was no abuse of process revealed by certain e-mails. Update 22nd March 2013 - R v Sgt Nightingale ? An unsolicited sentence indication by the trial Judge placed undue pressure...
- Police And Crime Commissioners No. 4 ~ Revised Guiance For Magistrates
The Senior Presiding Judge's Guidance to magistrates with respect to Police and Crime Commissioner elections has now been rewritten and is reproduced here. The latest version is expressed to be "interim" and will be reviewed in the light of...
- And Yet A Bit More On Judicial Blogging
* The seat of judgment *"Grim and vast, In hermit loneliness, it sits and broods ..." from The Sphinx by Andrew Downing An important thing for any decision-maker to avoid is bias. Bias may be actual or apparent. In respect of judicial office-holders,...
- Did Minister Act Unlawfully In Relation To Bid For Bskyb ?
Updated The Leveson Inquiry continues to fascinate. On Tuesday 24th April, the Inquiry published e-mails (Exhibit KRM18) between persons acting for News Corporation and the office of Jeremy Hunt (Culture Secretary) - see The Guardian 25th...