If you’re accused of breaking service law while serving in the military, you may face a trial in the Court Martial. Our specialist Court Martial solicitors can support you through the investigation and interviews, as well as represent you in Court Martial hearings.
If you’re serving in the military, you’re governed by military law. The Court Martial is a military court for hearing serious charges against any member of the armed forces. This includes all branches of the regular army, navy and air force, as well as territorial and reserve forces.
If you’re accused of a serious crime, you may be tried by Court Martial or ‘court martialled’.
Contact us online or call 0370 1500 100 to learn how our solicitors could help if you face a Court Martial trial.
Why Might You Be Court Martialled?
A Court Martial assembles when a member of the armed forces commits an offence that their commanding officer can’t deal with at a summary hearing.
Commanding officers handle most minor offences but if you’re a military officer yourself, any offence accusation against you can be tried in the Court Martial. No matter your rank or the offence you’ve been accused of, you also have the right to choose trial by Court Martial.
Serious offences that the Court Martial handles include:
- Assisting the enemy
- Misconduct on operations
- Mutiny
- Desertion
- Rape
- Murder.
Whatever your position in the military and whatever accusation you face, our expert Court Martial solicitors can help defend you.
What’s The Court Martial Process?
Interview with the military police
Once someone has made a complaint against you, you’ll be under investigation and may have to undergo an interview. You’re entitled to have a solicitor represent and defend you during that interview and throughout the Court Martial process.
The military police will likely contact you and ask you to voluntarily come to an interview. A solicitor can usually arrange for your interview to take place after you’ve had time to prepare, at a convenient time for you.
Court Martial hearing
If the investigation finds evidence of wrongdoing, you may be summoned to a Court Martial hearing where the Court will decide whether you’re guilty. There are different types of Courts Martial but they all work according to similar principles. District Courts Martial are often used for minor offences whereas general Courts Martial typically deal with serious offences and those committed by military officers.
The Judge Advocate General heads the Court and is responsible for giving the Court direction about military law and summarising all the evidence given.
In Court Martial, the equivalent of a jury is known as ‘the board’ and is made up of several commissioned officers or Warrant officers. Like a jury, they’re responsible for collectively voting on whether you’re guilty or not guilty.
The Judge Advocate and the board will work together to decide on sentencing. If they decide you’re guilty, the Court can impose various punishments, such as:
- Imprisonment in a civilian prison
- Detention at the Military Corrective Training Centre (MCTC) in Colchester
- Dismissal from the armed services
- An unlimited fine.
Our solicitors can support you through this whole process from start to finish to ensure the best possible outcome.
What Services Do We Offer?
Though it’s best to contact us as soon as possible, our specialist team can help defend you at any stage of the Court Martial process.
We can help you prepare for and attend interviews, as well as gather evidence to support your case during the investigation. If you believe you’ve been falsely accused, we can investigate this and gather evidence to defend you against these allegations. We can make sure you’re ready for every stage of the investigation and get you the best possible outcome.
We work with highly experienced barristers who can also represent you if you’re called before a Court Martial. Our team have years of experience and detailed knowledge of the Court Martial systems, giving you the best chance of defending yourself.
Court martial investigations can be very stressful, so we know you’ll want an expert team in your corner to protect your best interests. Give us a call on 0370 1500 100 or get in touch online.
How Can I Fund My Case?
You can fund your case through legal aid available through the Armed Forces Criminal Legal Aid Authority (AFCLAA). You can also access Criminal Legal Aid through the AFCLAA, which is available worldwide for any Court Martial criminal case.
You can choose a solicitor when you apply for legal aid, however you might be asked to pay part of your legal fees as part of the legal aid offer.
If legal aid isn’t available to you or you can’t afford to pay legal aid contributions, we can offer other options to fund your case on a private basis.
Why Choose Irwin Mitchell?
We understand the devastating impact of an investigation and criminal charge on your career and family life. We always operate with empathy and sensitivity with all of our clients to help protect you in the best way possible.
Our team of specialist, high quality solicitors and barristers can help you with all aspects of your case, at every stage of an investigation. If you’ve just been charged, investigated, or you just need someone to defend you at a Court Martial hearing, you’re going to want the best legal defence.
We always break our advice down so it’s straightforward and easy to understand. We’ll keep you informed at every stage so you’ll always be aware of your options, giving you more control. We make sure you’re fully prepared for each interview and hearing so you feel confident at each stage.
We have offices across the UK and so our team can help you wherever you’re based.
If you’ve been charged with a criminal offense while serving in the military, our specialist Court Martial solicitors can support and defend you throughout the process. Call us on 0370 1500 100 or get in touch online.
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