Judge Advocate General of The Armed Forces - Role

Role

The Judge Advocate General was formerly the legal adviser of the Armed Forces, a role that ended in 2000. In naval and military cases, by his or her authority all proceedings in the Court Martial are held. The Judge Advocate General's office holds cases deposited the originals of all Records of Proceedings, which are kept for at least six years. The former practice of reviewing the findings and sentences of all trials of the old courts-martial was abolished in October 2009. Now the outcome of each trial in the Court Martial (now a standing court) is final, subject to appeal to the Court Martial Appeal Court. The Judge Advocate General also has power to refer a case to the Court Martial Appeal Court if it gives rise to an important point of law.

The Judge Advocate General is assisted by a team of judges who comprise the permanent judiciary, plus a small staff of civil servants. There is a total of seven judges, comprising one Vice-Judge Advocate General, and six Assistant Judge Advocates General, all of whom must be barristers or advocates of seven years standing. They preside over all proceedings in the Service courts, which comprise the Court Martial, the Summary Appeal Court, and the Service Civilian Court. The judges control the practice and procedure, give rulings on legal matters, and sum up the evidence for the jury (known as a "Board"). Defendants are entitled to a defending counsel or solicitor, and their unit may provide a Defendant's Assisting Officer if they so wish. The Royal Navy, the British Army and the Royal Air Force have similar arrangements and all three Services have operated under a single system of Service law since November 2009. In the 1990s significant changes to the courts-martial system were instigated following European Court of Human Rights judgments.