If you are a member of the armed forces and have been charged of a serious criminal offence, you may have to undergo a legal military hearing by the Courts Martial. Being summoned to a Courts Martial can potentially lead to serious consequences as the punishments you could receive can be life changing. At Cartwright King, we acknowledge your right to both legal advice and representation during the Courts Martial proceedings. If you have been charged with an offence and have appear before a Courts Martial, it is in your best interests to get in touch with a solicitor at your earliest convenience and we will deal with your case from the onset. We are available to represent you and will defend your case in court if necessary.
Free Initial Telephone Consultation
Our highly skilled Military team are here to take the worry off your hands. We can provide an initial telephone consultation to see how we can assist in your case. For more information, please call us, or email us using the contact form below.
Courts Martial and the law
Once you are arrested by either military or civilian police, you will initially be invited for an interview under caution where you will have the legal right to be represented by a solicitor of your choice. If you are charged with a minor offence, it will most commonly be dealt with by the Commanding Officer, whereas more serious offences will go through the Courts Martial. If you are charged with a minor offence you could be dealt with by your commanding officer, or in some instances you can choose to have your case heard by Courts Martial.
If you are undergoing the latter, it is essential to acknowledge that you have the absolute right to elect for a trial by the Courts Martial if you choose.
Under the Armed Forces Act 2006, the Court Martial was set up as an official court that has jurisdiction over anyone affiliated with the Army, the Royal Navy and the Royal Air Force. The Court Martial proceedings are similar to those of a civilian court of law where evidence will be presented along with a cross examination of witnesses. During the trial, a Judge Advocate and between three and seven Warrant Officers and Commissioned Officers will most likely be present.
If you have been invited for an initial interview or have a date set for a Court Martial proceeding, then it is in your best interests to attain professional legal advice and representation. At Cartwright King, we will be available to assist you throughout the entire legal process.
What sentence could you face?
A Court Martial has similar legal authority as both the Magistrates and Crown Courts and can therefore impose similar sentences. These sentences can include:
- Imposing a fine
- Impose service detention
- Demotion in rank
The sentence you receive is dependent on the severity of the offence that has been caused. At Cartwright King, we can represent you at the earliest opportunity and put your case forward to provide the best possible outcome.
Can you appeal?
If you feel that the decision given by the Court Martial is unjust and you disagree, then you are legally entitled to make an appeal through the Summary Appeal Court. You can appeal against the guilty sentence, the sentence itself or both. At Cartwright King, we are available to appeal on your behalf and put a strong case forward to the Summary Appeal Court.
How can we help you?
If you have been accused of committing a Military related offence, our experienced Military Law Solicitors are available to put forward your case in the best possible light and advise you throughout the entire process. We promise to:
- Advise you throughout the entire process
- Advise you on a confidential basis of any concerns you have
- Represent you in an interview under caution by the service/civilian police
- Prepare and collate any required documents
- Represent you in court if necessary
- Take the worry off your hands
- Argue your case
- Prepare an appeal if necessary
Given the broad area of law surrounding the Courts Martial, we will ensure to deal with your case accurately by finding all of the facts and circumstances.
Our team are highly ranked in the Legal 500 and Chambers and Partners guides. We have extensive experience in successfully defending individuals who are employed by the armed forces.
Why Choose Us?
At Cartwright King, our solicitors understand the stress that being accused of breaking Military law can cause and the severe consequences for you and your future. We are available to support you throughout the entire process, explaining the likely outcomes and fighting on your behalf.
Given the complicated nature of Military Law and the potential issues that can arise from being affiliated with the armed forces, we are able to assist you in a variety of areas. These can include, but are not limited to Family Law, Mental Health, Court of Protection, Employment Law and Professional Discipline. Please note that these additional service areas are not covered by the Armed forces Criminal Legal Aid Authority
If you feel that you need additional legal support, please contact us and a member of our Military team will explain how we can assist and what actions you should take.
Due to legal aid funding, we are also available to represent you at a Courts Martial hearing outside of the United Kingdom. If you are abroad, please contact us to find out how we can assist you.
How to make contact
If you require legal advice or if you would like a no obligation, free initial telephone discussion, then please call us today. Alternatively you can email the Military team using the contact form below and we will get back to you as soon as possible.
Our Military Law solicitors can provide advice and are happy to meet at a time and location that suits you. We also have a network of offices in Birmingham, Bedford, Derby, Leeds, Leicester, London, Manchester, Middlesbrough, Northampton, Nottingham and Sheffield.