Law and Rights
The Armed Forces to continue to exist ....!
It is an interesting quirk of English law that it is necessary for Parliament to renew the existence of the Armed Forces of the Crown. This is usually done annually. The government is now taking the appropriate steps to renew them until 8th November 2011 - see Draft Renewal Order. This requirement stems from the
Bill of Rights 1689 which states that -
"raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law".From October 2009, the Armed Forces Act 2006 provides a uniform code of law for the Armed Forces and has replaced earlier "Service Discipline Acts" - viz. Army Act 1955, Air Force Act 1955 and the Naval Discipline Act 1957. The process used to change from the old discipline acts to the 2006 Act regime was exceptionally convoluted - (see the Explanatory note to the renewal order).
Addendum: Simon Jenkins writes in The Guardian 9th June that the armed forces should be wrapped up saving the country £45bn per year. I would certainly not go as far as Mr Jenkins since there has to be the capability to defend essential British interests including those abroad. Also, Mr Jenkins does not consider the amount of employment which the defence industry,
rightly or wrongly depending on your viewpoint, generates. I think that I will leave it there since (a) this is a law blog and (b) I wondered here and here whether British foreign policy would be all that different under the new government.
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Prosecuting "war Heroes" ~ Hard Hitting Daily Mail Article
Daily Mail 5th January 2016 published an article by Colonel Richard Kemp.- What other country would pay lawyers to persecute its own war heroes? Colonel Kemp is a retired Army Officer who had a distinguished military career including tours of duty...
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Murder In Helmand
Conviction: The Court-Martial has found Marine 'A' guilty of murder of an already wounded Taliban fighter- see The Independent 8th November. Two other Marines were acquitted. The Court Martial has jurisdiction over the case...
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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,...
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Court Martial Adjourned ... The Law On Bias ... Conscientious Objection
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...
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Sion Jenkins' Guardian Interview - Prisoner's Rights
The Guardian has published an interview with Sion Jenkins - The Guardian 20th August 2010 " Sion Jenkins: I don't want sympathy from anyone ". Law and Lawyers touched upon this matter a few days ago - see here - The Jack of Kent blog also...
Law and Rights