Aspals Legal Pages
The Armed Forces Discipline Act 2000
Visitors to Aspals will have seen Internet references to the AFDA on our home page. This is another most significant piece of legislation to affect the Armed Forces additional to the Armed Forces Act 1996 which, inter alia,introduced the independent Prosecuting Authorities, abolished confirmation and the role of confirming officer and set up the court-martial administration office as the focal point for trial administration and issuing of the convening order.
Although it was an enlightened piece of legislation, the AFA 96 left many issues unaddressed. Whether the AFDA has resolved those omissions and proves to be an equally enlightened piece of legislation remains to be seen. One thing is clear: the armed forces are different to the rest of society. Their task is different, the demands on their "members" are different, the requirement for commitment is different, the importance of the team as opposed to the individual is different, the price of failure or error is different.
As readers of the Sounding Board will know, whether civilian procedures and laws can so readily translate to a military environment is a matter for debate. Radical ideas for change should be approached with caution. For those who have served in any of the armed forces, especially those who have served in operational environments, these factors are blindingly obvious. It is therefore to be hoped that the changes being introduced enhance unit discipline, morale and functional efficiency, while instilling in the serviceman confidence in the fairness of the overall system.
The principal changes introduced by the AFD Act are as follows:
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See S.I. 2004 No. 1950 - Statutory Instrument 2004 No. 1950 - The Summary Appeal Court (Army) (Amendment) Rules 2004 Explanatory Notes (pdf file) |
See S.I. 2004 No. 1937 - The Summary Appeal Courts (Warrant Officers) Order 2004 - Warrant officers qualified to be members of the Summary Appeal Court |
See S.I. 2004 No. 1938 (C. 83 ) - The Armed Forces Act 2001 (Commencement No. 4) Order 2004, bringing into force section 20 of the Armed Forces Act 2001 |
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