Aspals Index of Links:
A "
" means a new site/refreshed link
1.Cases/Resources
Links to military cases and caselaw sources
2.Courts-Martial & Disciplinary System
(UK)
Links to Legislation, cases and some terms
of service General Links - for courts-martial
practitioners
3.Disclaimer
Please Read, if you haven't done so
already!
4.
FAQ
Frequently asked questions
5.
Financial
Allowances, compensation, redundancy, costs
6.International (Domestic) Links
Non-UK Domestic
links
7.International
European, UN etc links (also Geneva Conventions)
9.Military/Military Legal Links
All sorts (apart from court-martial & disciplinary links - see
above).
10.Next
Assignment
Appointments For Military Lawyers
11.Operational Information
UK MoD source
12.Other
Other Useful and/or interesting Links
13.Quick Links for Practitioners
Designed for the court-martial practitioner
14.Search
Java and PicoSearch of the Aspals Site
15.Types of
Military Court
Find out more about developments prior to and since the 2006
Act
16.UK Legal
Assorted UK
Domestic Links
17.Welfare
Support and Welfare sites for servicemen and their families
Cases/Resources
Aspals
First instance military and appellate decisions. A Free selction, with links to the subcriber area for more detailed and extensive resources
Free source
of case law. Excellent
Selection of judgments available on-line
Somes sources of case law. Links to Crown Court
Lists
The renowned Swarbco case database with easy search
engine
Excellent site. Lots of very valuable
links. Regular updates.
Court Decisions & excellent search facility - Free
Free Search
Judgments on-line. Free source of case law. Excellent
Please note that as from 1st October 2009,
the Supreme Court replaced the Appellate Committee of the House of Lords.
Free source of case law. The ICJ deals with legal disputes submitted to it by States and gives advisory opinions on legal questions referred to it.
Cases Search Page Free source of case law.
Short Case Summaries from the ICLR Free
Find case law Free
Publishers of Session Cases.
Decided case resource (formerly the House of Lords)
Short Case summaries from the Weekly Law Reports
Financial Matters
Amends the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517).
In force on 8th April 2019.
Makes several amendments to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 amending the Armed Forces Compensation Scheme (AFCS)to increase the value of the Armed Forces Independence Payment (AFIP), to add or amend some descriptors in the Tariff and to introduce references to the Armed Forces Pension Scheme 2015 to enable adjustment of awards, in line with the scheme rules, when pensions are paid. In force on 8th April 2019.
MoD page with links concerning Armed Forces Pensions Compensation and Veterans - the 1975 and 2005 schemes
Complete listing of pensions materials
Armed Forces Pensions (Amendment) Regulations 2022 came into force on 1st April 2022
Amendment 40 Change 4
Consequential provisions in relation to public service pensions for the armed forces. Certain current members of public service pension schemes are to join new pension schemes ("new schemes") as active members, whilst retaining certain benefits in their existing pension schemes ("old schemes").
Amends the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 which provides for benefits to be payable to or in respect of a person by reason of injury, illness or death, which is caused (wholly or partly) by service in the regular or reserve armed forces. In force on 6th April 2015.
SI 2008 No. 2942, which increases the amount of compensation payable
to servicemen for claims determined or revised on or after 15th December
2008. It also provides for a new form of benefit to be
paid.
Information about entitlements when membership of the armed forces ceases. See also:
Armed Forces Early Departure Payments Scheme (Amendment) Order 2013
Armed Forces Early Departure Payments Scheme Regulations 2014,
Armed Forces Pension Scheme and Armed Forces Early Departure Payments Scheme (Amendment) Order 2014
Armed Forces Pension Scheme and Early Departure Payments Scheme (Amendment) Regulations 2015, and
Armed Forces Pension Schemes and Early Departure Payments Schemes (Amendments Relating to Flexible Working and Miscellaneous Amendments) Regulations 2018
Amendments to the Armed Forces Pension Regulations 2014 and the Armed Forces Early Departure Payments Scheme Regulations 2014 including the introduction of a cost cap figure into the Armed Forces Pension Regulations 2014. In force, 1 April 2015
In force 31st October 2009. They enable the Service Courts and the
Court Martial Appeal Court to make wasted costs orders.
Order amending the two redundancy compensation schemes for the regular Armed Forces. It also amends the Armed Forces Resettlement Commutation Scheme 2010, the Armed Forces Resettlement Grant Scheme 2010 and the Armed
Forces Pension Scheme 2005.
This Order consolidates the existing rules for redundancy and other benefits under the Armed Forces Pension Scheme 1975 ("the AFPS 1975") and makes some amendments with regard to the level of some payments. The Schemes set out in Parts 3, 4 and 5 only apply to a person who joined the armed forces before 6th April 2005. This Order revokes 2010, SI 2010/345 to provide clarification at article 36.
Scheme for making payments to members of the armed forces on
redundancy.
Regulations to make provision in relation to the service of process
in connection with proceedings for a maintenance order or for ancillary
proceedings in connection with such an order when the person to be served
is a "relevant person" within the meaning of section 355(3)(a) of the
Armed Forces Act 2006. In force 31st October 2009.
International
(Domestic) Links
Prevention of US personnel from prosecution by the ICC
Court Martial Appeal Court of Canada - access to decisions and transcripts
Access to criminal codes of countries around the world - select by filter
Access to the Laws of the Republic of Cyprus
Legislation applicable in the Sovereign Base Areas
Legal Finder. Very Good
Code of Criminal Procedure, Release effective April 25, 2021 Valuable resource
Military Criminal Procedure under Articles L211-1 to L271-2
The Strafgesetzbuch (StGB), in English. Valuable resource
The Criminal Code and supplementary legislation. Valuable resource
An Excellent Military Publication
Their Homepage
Good research tool for US issues
This is the searchable 2016 Edition, that updates the MCM (2012 Edition).
A searchable online facility
See also the pdf version (2016 EDITION)downloadable [here]
International
Every company in every industry sector has human rights impacts and responsibilities.
The London home of the Project on International Courts and Tribunals (PICT), which was established in 1997 by FIELD in London and the Center on International Cooperation at New York University.
Non-profit New York corporation - questions efficacy of
UN
One of the world's leading organizations for the analysis of
important international issues.
Text of the treaty, also available in pdf format. Entered into force on 23 December 2010
The first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security
The 1948 Convention (in text format). See also the explanatory notes by Professor William A. Schabas.
**********
The Convention entered into force on 5 October 1978, in accordance with its article IX.
A much-criticised Convention. (Links to Minnesota University site).
See also the UK United Nations Personnel Act
1997.
A detailed database of all countries that impose the death penalty
European Court & Other Legal Links - official page.
Direct Link
Additional Protols
Court Decisions
EU Sanctions, Law and Practice (includes a search facility)
The European Treaty TEU, (2003/C 321/02) (consolidated)
See also: Treay of Lisbon
Agreement between EU Member States concerning the status of seconded military and civilian staff
Treaty on the Functioning of the European Union (Consolidated version 2012)
Direct Link to relevant ICRC page
For all who are interested in Human Rights.
Lots of very relevant and important
Links
One of the world's leading independent organizations dedicated to defending and protecting human rights
ISW advances an informed understanding of military affairs through reliable research, trusted analysis, and innovative education
International Crime Fighters
ICDS aims to advance the transatlantic community's strategic thinking on the security challenges facing the Baltic-Nordic region
Many valuable links for the military lawyer
Homepage
Link [here] to Status of Ratification
UK domestic statute
Explanatory Notes to the International Criminal Court Act 2001
ICTY (Yugoslavia) Judgments on-line. Excellent and extremely useful site. Watch the
proceedings live.
ICTY Court Records Database providing access to all public court records from the first filing made at the Tribunal in 1994 through to today. Free source of case law, after initial registration. Excellent
Rwanda Tribunal, (ICTR) links to judgments and documents
An independent, non-profit, non-governmental organisation committed to preventing and resolving deadly conflict.
An independent, non-profit humanitarian organisation founded in
1970.
The Homepage of this organisation for military lawyers
An outstanding resource for those interested in international criminal law. Links to the ICC Statute, case materials, lectures and much, much more.
The Open Society Justice Initiative uses law to protect and empower people around the world.
Conditions for exemption of military service in the case of dual (etc) nationals [UK is not a party]
RIEAS is a non-profit research institute established under Greek law & aims to provide a better understanding of international affairs by creating a framework for creative thinking, honest discussions and nonpartisan dissemination of multidisciplinary reflections and innovative ideas. Special attention is devoted to: (1) Transatlantic Relations; (2) Intelligence Studies and Terrorism; (3) Improving Intelligence Analysis; (4) Intelligence Cooperation; (5) European Integration; (6)International Security; (7) Balkan and Mediterranean Studies; (8) Critical Studies; (9) Security and Intelligence in the Private Sector.
NGO fighting impunity for international crimes and supporting victims in their quest for justice. Provides an Annual Review of Universal Jurisdiction cases.
Opinions of (Legal) Scholars on the Conflict in Ukraine
United Nations web portal
International Covenant on Civil and Political Rights, with signatories
(2016 Edition). Includes all amendments to the Preamble, Rules for Courts-Martial (R.C.M.), Military Rules of Evidence (Mil. R. Evid.), Punitive Articles, and Nonjudicial Punishment Procedures made by the President in Executive Orders (EO) from 1984 to present, and specifically including EO 13643 (15 May 2013); EO 13669 (13 June 2014); EO 13696 (17 June 2015); EO 13730 (20 May 2016); and EO 13740 (16 September 2016). See Appendix 25. This edition also contains amendments to the Uniform Code of Military Justice (UCMJ)
A milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world
Concluded at Vienna on 23 May 1969 (with annex)
War Crimes
Jobs for ex-forces
A growing community of active, retired and prospective soldiers and sailors.
The only networking database serving the personal employment and business needs of ex-UK Forces people in the global workplace. Through The List, employers and recruiters in every economic sector have access to this source of human talent.
Military/Military Law
In force 31st October 2009. These Regulations make provision as to
the discharge of members of the regular forces, and their transfer to a
reserve force.
In force: 31st October 2009. These Regulations make provision with
respect to the enlistment of persons in the regular forces.
Where a financial penalty is awarded against any person, the Defence
Council or any authorised person may make a" financial penalty enforcement
order" for the registration of the penalty by the relevant court. In force
31st October 2009.
These Regs insert a new Reg 3A, concerning Imprisonment in default of payment: fines and Reg 3B, Imprisonment in default of payment: service compensation orders. In force 1st November 2013.
Under section 334 of the Armed Forces Act 2006 a person subject to
service law, or who has ceased to be subject to service law, who thinks
himself wronged in any matter relating to his service, may make a service
complaint about the matter.
Creation of a Service Complaints Ombudsman - to come into force on a day appointed by the Secretary of State
Service Complaints Commissioner to deal with the referral of
allegations a person subject to service law has been wronged in a
prescribed way.
MoD page with links concerning Armed Forces Pensions Compensation and Veterans - the 1975 and 2005 schemes
Regulations making transitional provision for members of existing armed forces final salary pension and employee retirement benefit schemes in the light of new, career average pension and retirement benefit schemes made under section 1 of the Public Service Pensions Act 2013. In force from 1st April 2015
UK Military humour and topical message board .
Royal Navy Articles of War - 1757.
Regulations to amend the Army Act 1955 (Part 1) (Regular Army)
Regulations 1992 ("the principal Regulations") which make provision in
respect of enlistment of recruits and generally for the carrying into
effect of Part 1 of the Army Act 1955. Revoked
Forfeiture of service for period of absence resulting from
confessions by deserters. In force 31st October 2009
In force 31st October 2009. Revoking The Armed Forces (Terms
of Service) (Amendment) Regulations 2009.
Regulations make provision as to terms and conditions of service for
other ranks in the regular army.
A reading list of useful/interesting articles, with onward
links.
The association aims to assist and train practitioners in the better
provision of advice and guidance to the Armed Forces
UK Germany based forces news page.
Organisation designed to represent members of the British armed
forces. Join now.
Look up a BFPO number for correspondence.
Official Home of Canadian Judge Advocate General
Organisation for the Prohibition of Chemical Weapons - Downloadable as a single or multiple part file.
Aspals Case updater (including
appeals/JR hearings).
For UK Defence Statistics.
US Military Terms - useful
Immunity from legal process for persons who are military or civilian
staff seconded to the institutions of the European Union, of the
headquarters and forces which may be made available to the European Union
in the context of the preparation and execution of the tasks referred to
in Article 17(2) of the Treaty on European Union.
Free online guides. Helping service personnel; because your approach to navigating the military and civilian legal system can affect you and your family both during your career and after you leave. Really useful.
Find old Service friends, plus lots more.
The Geneva Process on AI Principles is an interdisciplinary process uniting leading experts and policymakers to explore and clarify questions relating to the ethical principles on Artificial Intelligence (AI) for defence and military purposes.
A unique analytical display of data concerning 137 modern military powers. The GFP ranking is based on each nation's potential war-making capability across land, sea and air fought with conventional weapons. The results incorporate values related to resources, finances, and geography with over 55 different factors ultimately making up the final list. The results provide an interesting glimpse into an increasingly volatile global landscape where war seems all but an inevitability.
Essential reference tool for current MJS debate and comment, created and hosted by Eugene R. Fidell.
Yale Law School Global Seminar Page Yale Law School's 2014 Global Seminar on Military Justice Reform.
Makes make provision as to certain international headquarters and
defence organisations.
See
also: The International Headquarters and Defence Organisations
(Designation and Privileges) (Amendment) Order 2009 - SI No. 704, in
force from 19th March 2009
The organisation set up to review and investigate allegations of abuse by Iraqi civilians by UK armed forces personnel in Iraq during the period of 2003 to July 2009.
Documents also in English
Homepage of this valuable US organisation
See below for links to
UK JAG
Established pursuant to an international agreement ratified by the Kosovo Assembly, a Constitutional Amendment and the Law on Kosovo Specialist Chambers and Specialist Prosecutor's Office. [Searchable Case Database]
In force as from 1 March 1999
Dealing with civil contingencies: emergency planning in the UK
Joint Doctrine Publication (JDP 02), Operations in the UK: defence contribution to resilience
Summary of the key rules for the protection of children in situations
of armed conflict
Homepage - with many on-line links
Basic
Texts of various agreements (including SOFA)
NATO Treaty - full text
NATO Gazette and archive
NATO Handbook
An exceptionally useful on-line resource
Tri-service site
US: National Institute for Military Justice. (Excellent)
Introduces a presumption against prosecution of service personnel for conduct when deployed on overseas operations
Statutory Instrument 2007 No. 1350. Amendment to provide for
increases to be made to the rates of gratuities and pensions
payable
Statutory Instrument 2006 No. 2893, in force on 26th July 2006. These
Regulations amend the Pensions Appeal Tribunals (Additional Rights of
Appeal) Regulations 2001 by providing that certain decisions made under
the Naval, Military and Air Forces Etc. (Disablement and Death) Service
Pensions Order 2006 are specified decisions, for the purpose of section 5A
of the Pensions Appeal Tribunals Act 1943. Consequently, such decisions
attract a right of appeal to the Pensions Appeal
Tribunal.
Statutory Instrument 2006 No. 2892, in force on 26th July 2006.
Provide that a decision by the Secretary of State which determines whether
a permanent award of compensation is made is a "specified decision", which
decision consequently attracts a right of appeal.
Regulations extending category of "specified decisions" relating to
entitlement to benefit, and the amount of benefit payable, under schemes
under the 2004 Act
Includes a section for military pilots
The homepage of the current Director of Legal Services
Regulations to statutory provisions which impose speed limits and make amendments to other road traffic requirements to provide exemptions for drivers who are members of the special forces.
Online community for ex-servicemen and women from the RAF, Army and
Royal Navy.
SI 2006 No. 3406, in force. This Order extends the duration of a
service voter's registration as an elector from 12 months to 3
years
On-line edition of the popular Service Magazine
Homepage and links, but a dearth of information for those defending
at courts-martial.
Links to military and related sites. Excellent
Records of UK (Army) Courts Martial,
17th-20th Centuries, and information about the Judges Advocate
Brings into domestic law the Convention on the Safety of United
Nations and Associated Personnel (1994)
Facts about and decisions by the court - Excellent
US Naval Criminal Investigation Service
The 2008 No. 299 - designates Bosnia-Herzegovina, Croatia, Ireland,
Jordan, Montenegro, Serbia and Tajikistan as countries to which the Visiting Forces Act 1952 applies
Prosecutions of British Service Personnel
Operational
Information
Joint Doctrine Publication 1-10 (CPERS)(3rd Edition)
Organisation for the Prohibition of Chemical Weapons - Downloadable as a single or multiple part file.
An Act to make provision for giving effect to the Convention on Cluster Munitions.
Common Features Of The Law Applicable To All Operations (ICRC)
Action Allowed In Operations: the Law Applicable In The Attack, Defence, Siege And Manoeuvre Phases Of Battle
Weapons
Geneva Academy links to conflicts around the world
The Convention on Cluster Munitions (CCM) was born out of a collective determination to address the humanitarian consequences and unacceptable harm to civilians caused by cluster munitions. States Parties are committed to the full universalization of the Convention and to promote its norms, as well as to fully implement it. Its implementation contributes to advancing the achievement of the UN Sustainable Development Goals and the promotion of international peace and security, human rights and international humanitarian law. Neither Russia nor the USA are signatories.
Includes Protocols on Blinding Laser Weapons, Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to have Indiscriminate Effects, Protocol on Non-Detectable Fragments (Protocol I), Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons, Protocol on
Blinding Laser Weapons (Protocol IV), Protocol on Explosive Remnants of War(Protocol V
List of Reservations [here]
A much-criticised Convention. (Links to Minnesota University site).
See also the UK United Nations Personnel Act
1997.
International Law Applicable to Cyber Warfare, written at the invitation of the Centre by an independent 'International Group of Experts'.
Joint Doctrine that guides how UK Armed Forces conduct operations
Agreement between the Member States of the European Union concerning
the status of military and civilian staff seconded to the institutions of
the European Union in the context of the preparation and execution of the
tasks referred to in Article 17(2) of the TEU,
(2003/C 321/02)
Direct Link to relevant ICRC page
Revised Statute from The UK Statute Law Database, to enable effect to
be given to the Geneva Conventions.
Amends The
Geneva Conventions Act 1957 in relation to Grave Breaches, and
introduces the "Red Crystal" as a new emblem and inserts Schedule 7 to
into the Geneva Conventions Act 1957. It also amends Amendments of the United Nations Personnel Act 1997.
Laws and Customs of War on Land (Hague II); July 29, 1899, together
with links to other IHL resources
Laws and Customs of War on Land (Hague IV); October 18, 1907
Published by the OSCE Office for Democratic Institutions and Human
Rights (ODIHR)
JSP 1325 provides direction for how the military can support individuals facing vulnerable situations as well as providing traditional collective security.
UK domestic statute
Also a Link to ICC
Statute(official UN
Site)
A site for operational lawyers, by Judge Evan Wallach
*Interactive* Outline Of The
Law Of War, with lots of practical links
JSP 383: United Kingdom Law of Armed Conflict (2004 Edition) PDF [3.4 MB]. This is a reference work for members of the UK's Armed Forces and officials within MOD and other departments of HM Government.
Findings of the ICRC project and meeting on occupation and other forms of administration of foreign territory
Legal Support to Operations - JSP 3-46
The text of the Manual of the Law of Armed Conflict
amendments added up to 2011
With Commentary. Published by the International Institute of Humanitarian Law
Homepage - with many on-line links
Basic
Texts of various agreements (including SOFA)
NATO Treaty - full text
NATO Gazette and archive
The official NATO Terminology Database contains non-classified military terminology, as well as non-military terminology relevant to NATO.
Treaty on the prohibition of nuclear weapons.
Doctrine Operations and Diplomacy Publications, including JDPs and
JWPs and Legal Support To Joint Operations. A wealth of information.
The Act introduces inter alia a presumption against prosecution of current or former Service personnel for historical offences allegedly committed overseas
ICRC database catalogues the 161 rules of customary international humanitarian law, together with a commentary. The practice underlying the rules can be found in part 2. Practice.
Prepared under the auspices of the International Institute of Humanitarian Law, Sanremo, as at November 2009
The US Naval War College International Law Department's LOAC/IHL research e-portal. Named after Admiral Charles H. Stockton, former Naval War College President and author of the US Navy's first LOAC manual, Stockton is intended as an easily accessible research tool for scholars and practitioners working on law of armed conflict issues.
Global Information on more than 200,000 Terrorist Attacks
RAND Database of Worldwide Terrorism Incidents - a compilation of data from 1968 to 2009.
A handbook for those involved in operational policy and its implementation
[from The Chilcot Team].
Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990
See also: Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions
On February 4, 1985, the Convention was opened for signature at United Nations Headquarters in New York. At that time, representatives of the following countries signed it: Afghanistan, Argentina, Belgium, Bolivia, Costa Rica, Denmark, Dominican Republic, Finland, France, Greece, Iceland, Italy, Netherlands, Norway, Portugal, Senegal, Spain, Sweden, Switzerland and Uruguay. Subsequently, signatures were received from Venezuela on February 15, from Luxembourg and Panama on February 22, from Austria on March 14, and from the United Kingdom on March 15, 1985
Details of State Parties, showing Signature, Accession, Succession, and Ratification
Convention of 10 December 1982 - Overview and full text (including list of parties)
An Act to enable effect to be given to certain provisions of the
Convention on the Safety of United Nations and Associated Personnel
adopted by the General Assembly of the United Nations on 9th December 1994
Unfortunately, the Weapons Law Encyclopedia is not being updated. Last update: 15th August 2017.
Court-Martial Links
& Disciplinary System (UK)
General Links
Return
JSP 833 setting out the factors when considering minor administrative action
In force 31st October 2009. Modifications made pursuant to Section
271(2) of the Armed Forces Act 2006 (relating to sections sections 143 and
240 of the 2003 Act)
In force 31st October 2009. This Order makes provision for a
judge advocate to grant bail pending an appeal in respect of persons
sentenced by the Summary Appeal Court or the Service Civilian
Court.
In force 31st October 2009. The Armed Forces Act 2006
creates a standing Court Martial. These Rules provide for the constitution
and procedure of the court, including rules of evidence and powers to
bring persons before the court. Additionally the Rules modify the powers
of the Director of Service Prosecutions, the Court Martial and the Court
Martial Appeal Court in a case in which a defendant elected Court Martial
trial (or a court-martial if the election occurred before commencement).
See the Explanatory
Note.
In force 31st October 2009. These Regulations deal with the
disposal of property which has been acquired by the service police or a
person's commanding officer during the investigation of an offence.
Statutory Instrument 2006 No. 2006 No. 3244, commencement 1st January
2007. Deals with multiple entry warrants. Revoked
Explanatory Memorandum (This is
a pdf file)
Statutory Instrument 2006 No. 3243 commencement, 1st January
2007. Revoked
These Regulations authorise minor punishments which may be imposed on
offenders by the Court Martial and by commanding officers who have heard
charges summarily. In force 31st October 2009.
A naval chaplain is commissioned as such, and is not an officer.
Regulation 3 ensures that for the purposes of the Armed Forces Act 2006 he
is treated as if he were an officer, except that he may not sit as a
member of the Court Martial or the Summary Appeal Court. Coming into force
31st October 2009.
These Regulations
relate to the provisions of Part 5 of the Armed Forces Act 2006 ("the
Act"), and in particular to the investigation of suspected service
offences, to the referral of cases and charges to the Director of Service
Prosecutions ("DSP") and commanding officers, to the procedure for
bringing charges and to related powers to amend, substitute or add
charges. In force 31st October 2009.
This Order deals primarily with the powers of search and of seizure
granted to the service police under Part 3 of the Armed Forces Act 2006
("the Act"). The main provisions in Parts 1 and 2 of the Order are,
subject to modifications, equivalent to certain provisions of the Police
and Criminal Evidence Act 1984 ("PACE") relating to powers of entry,
search and seizure. In force 31 October 2009
The Air Navigation Order 2005 does not generally apply to military
aircraft. Article 3 lists the offences under the Air Navigation Order that
are, for the purposes of section 49 of the AFA 2006, to be prescribed Air
Navigation Order offences. In force 31st October 2009.
In force 31st October 2009. They enable the Service Courts and the
Court Martial Appeal Court to make wasted costs orders.
Supplementary provision with respect to: references under section
273(1) of the Armed Forces Act 2006 by the Attorney where the Attorney
considers a sentence to be unduly lenient; or, references to the Supreme
Court under section 274(1) of the Act on a point of law where the Court
Martial Appeal Court has concluded such a review.
Schedule 1 provides for the description of cases specified for the
purposes of section 273(3) of the 2006 Act (Review of unduly lenient
sentence by Court Martial Appeal Court). In force 31st October 2009
The Armed Forces Act 2006 (c. 52) ("the Act") creates a standing
Service Civilian Court. These Rules provide for the practice and procedure
to be followed at the Service Civilian Court, administrative matters of
the court and also make provision with regard to evidential matters such
as special measures directions and hearsay evidence. In force 31st
October 2009
Statutory Instrument 2008, No. 1651. Regulations provide for the
holding of inquiries by the armed forces under the Armed Forces Act 2006.
In force 1st October 2008.
These Regulations prescribe requirements which may be imposed on an
offender by an SSPO, in addition to a mandatory requirement not to use any
entitlement to leave without the permission of his commanding officer. In
force 1st October 2008.
The Armed Forces Act 2006 (c. 52) ("the Act") creates a standing
Summary Appeal Court. These Rules provide for the practice and procedure
to be followed at the Summary Appeal Court, administrative matters of the
court and also make provision with regard to evidential matters such as
bad character and hearsay evidence. In force 31st October 2009.
These Rules make provision with respect to the summary hearing by
commanding officers of charges brought and allocated for summary hearing
under Part 5 of the Armed Forces Act 2006 (c. 52). The Rules also make
provision with respect to hearings where a commanding officer may activate
a suspended sentence of service detention after an individual has been
convicted of an offence in the British Islands (i.e. a civilian offence
rather than a service offence), committed during the operational period of
the suspended sentence. In force 31st October 2009.
These Regulations make provision for service supervision orders,
which may be made by the Court Martial or the Court Martial Appeal Court
in respect of offenders who are found to be unfit to stand trial or not
guilty by reason of insanity. In force 31st October 2009.
Ch 46. This effected radical changes. Repealed
Introduces right to refer unduly lenient sentences; wasted costs
orders; WOs to sit on C-M; powers of search and other matters. Note: you
will need 
for this file,
as it is in pdf format.
Synopsis page link
here, with details of commencement orders and links to
them. Repealed
This Order brings into force section 25 of the Armed Forces Act 2001
making provisions for a judge advocate to make an order compelling a
person not subject to naval, military or air force law to attend court and
give evidence. Revoked
This Act introduces one disciplinary code for the 3 Services and
"harmonises" conditions of service. Synopsis to follow.
For and
overview of the changes and more detailed explanatory notes link
here.
This Order provides for the commencement of a number of provisions of
the Armed Forces Act 2006 ("the Act") with effect from 4th June 2007 (see
Explanatory Note at end of SI).
This Order brings into force on 1st January 2008 the provisions of
the Armed Forces Act 2006 ("the Act") specified in articles 2 and 3 (see
the explanatory notes).
Brought into force on 1st October 2008 the provisions of the Armed
Forces Act 2006 relating to the introduction of new provisions about
internal service inquiries.
This Order brought into force on 28th March 2009 the provisions of
the Armed Forces Act 2006 ("the Act") specified in article 3, enabling
subordinate legislation to be made under the Act or under provisions
modified or amended by the Act and also enable appointments and
designations to be made under the Act.
Brings provisions of the Armed Forces Act 2006 into force,
particularly Article 3 brings section 365 of the Act into force, for the
purpose of enabling the Director of Service Prosecutions to appoint
prosecuting officers. In force 6 May 2009
This Order makes consequential and related transitional provisions in
connection with the commencement of provisions of the Armed Forces Act
2006 (c. 52). In force 31 October 2009.
In force, in parts, from 24th April 2009, the rest in force from 31st
October 2009. This Order makes transitional provision in connection with
the coming into force of the Armed Forces Act 2006 (c. 52), and the repeal
of the three Service Discipline Acts and related legislation.
Renews the 2006 Armed Forces Act for a further five years; Makes a number of new and amended provisions.
Commencement Order No 1 (Transitional and Transitory Provisions), in force March and April 2012 (Reduction in rank, Maximum fine at summary hearing, Increase in maximum term of detention, DSP's powers to substitute or add charges after election, Court Martial sentencing powers on election for trial, Exception to restriction on community punishments)
Commencement Order No 2, in force 14th December 2012 (Power of judge advocate to authorise entry and search, Civilians subject to service discipline)
Commencement Order No 3, in force 6th April 2013 (Claims against visiting forces: transfer of liability)
Commencement Order No 4, in force 1st November 2013 (alcohol provisions, Enforcement of financial penalties, Consequential amendments and repeals)
Commencement Order No 5, in force 4th June 2014 (Inspection of service police investigations)
Commencement Order No 6, in force 23rd December 2016 (Persons eligible to be prosecuting officers)
Changes introduced to the parent Act of 2006
Full details of the changes in the Explanatory Notes
Commencement Order No 1 Regulations 2017, in force 21 November 2017
Commencement Order No 2 Regulations 2018, in force 19 July 2018 (fully, 19 January 2019)
Ch 4. Introduces the Summary Appeal Court and Custody (Bail)
hearings. Revoked
Synopsis page link
here
SI 2005 No. 3478 introducing power to make Wasted Costs
orders Revoked
A booklet intended to provide a general overview of two forms of
inquiries - Board of Inquiry and the Coroner's Inquest - that might take
place after a death and to help explain the purpose of each one. (This is
a pdf file)
Court-Martial Appeal Court (and other) decisions
A brief summary of what has happened (post
Findlay)
In force 31st October 2009, it makes provision for the Court Martial
Appeal Court ("the Court") to grant conditional release from custody
pending an appeal to the Court.
In force 31st October 2009, allows a witness who is not in the
country where the court is sitting to give evidence through a live
television link and provision for vulnerable accused persons to give
evidence through a live link.
Statutory Instrument 2005 No. 15350 Revoked
Prosecutor's Right of Appeal against Terminating Rulings - Procedural
rules Revoked
Explanatory Memorandum
In force on 31st October 2009. This Order makes provision for
prosecution appeals from rulings made in Court Martial trials and for the
procedure to be followed in such appeals. This Order replaces the
Courts-Martial (Prosecution Appeals) Order 2006 (S.I. 2006/1786).
Prosecution Right of Appeal Against Terminating Rulings. SI 2006 No.
1786. - Repealed from 31st October 2009 by The Court Martial (Prosecution Appeals) Order 2009
In force, 31 October 2009. These Rules make provision for a range of
measures designed to help young, disabled, vulnerable or intimidated
witnesses give evidence in proceedings before the Court Martial and the
Service Civilian Court. These measures are contained in Part
2 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) ("the
1999 Act"), certain provisions of which are applied with modifications to,
or modified in their effect for the purposes of, proceedings before
service courts by the Youth Justice and Criminal
Evidence Act 1999 (Application to Service Courts) Order 2009.
The formal introduction of Youth Justice and Criminal Evidence Act
provisions into the court-martial process. In force as from 6th Dec 2006. Revoked
2007 No. 1298 (amendment to the definition of legal adviser) Revoked
SI 1997 N° 580 Revoked
SI 2228 Revoked
Court-Martial (RN) Rules 2007 Order No: 3443 and Court-Martial (RAF)
Rules 2007 Order No: 3444 Revoked -Linked from the AMCA
Statutory Instrument 2006 No. 2890, Commencement: 6th December 2006.
(Provisions for live link evidence where witness is not in the same
country). Revoked.
This order revokes the Criminal Justice Act 1988 (Application to
Service Courts) (Evidence) Order 2006, which relates to the giving of
evidence by witnesses in service courts by a live television
link.
This Order brings into force on 31st October 2009 and amends the
Courts-Martial (Appeals) Act 1968 and the Armed Forces Act 2006, making
equivalent provisions to those introduced in the civilian system by the
Criminal Justice and Immigration Act regarding appeals following
references by the Criminal Cases Review Commission, sentencing, dangerous
offenders, review of sentence on reference by the Attorney General,
compensation for miscarriages of justice, imposition of unpaid work
requirement for breach of community punishments and suspended prison
sentences.
In force 31st October 2009. This Order revokes the 1997
Order and the 2006 Order and applies, with modifications, sections 34 to
38 of the 1994 Act to the proceedings specified in article 2(2), to
reflect changes in terminology and procedure under the 2006
Act.
SI 2008 N° 635, In force from 1st April 2008
In force 31st October 2009, it relates to proceedings before
the Court Martial, the Service Civilian Court and appeals to the Summary
Appeal Court. The provisions which impose duties of disclosure on the
prosecution and accused.
SI 2008 N° 648 - In force from 1st April 2008. But see the following
link re the 2009 Order.
In force 31st October 2009. This Order revokes the existing
order under section 78 and makes provision equivalent, subject to
modifications, to provisions of Part 2 of the 1996 Act and the code made
under it. The main modifications are to adjust the provisions in and under
Part 2 of the 1996 Act to take account of the structure and operation of
service courts and of the service police. This Order and the code made
under it differ from the existing order and code to reflect changes in the
service courts made by the Armed Forces Act 2006.
JSP 763 , tri-service policy.
Jurisdiction and Functions of a Judge Advocate, Judicial Appointments website synopsis of the role of the JAG and his judicial officers
Military Justice in UK, containing Information about the constitutional position, function and history of the Judge Advocate General (JAG), his team of judges, and the staff who support them. It also contains a brief outline of the legal system which underlies the discipline of the British Armed Forces
Office of the Judge Advocate General, The role of the Judge Advocate General, with links to the Procedural Guide for Courts-Martial, Sentencing Guide, General Practice Guide and the Directions Hearing Form. Very important links
Joint Services Publication (JSP) 830. This manual replaced The Manual
of Naval Law, the Manual of Military Law and the Manual of Air Force Law.
Fully implemented 31 October 2009. It should be noted that while Volumes 1
and 2 contain policy and guidance on the law which are not binding in the strict legal sense. Links to Version 2.0 January 2011 and all amendments
Links to statutes and SIs. A goldmine of information, all of which is
free.
PACE Service Police Codes of Conduct
Service police codes of practice (6 March 2015) for regulating service police powers and investigatory procedures
Revised 31 October 2009. (JSP 397) - no longer valid
JSP 831 - Redress of Individual Grievances: Service Complaints. See
other links below
The independent tri-Service authority responsible for all prosecutions in the military justice system
Statutory Instrument 2006 No. 2891, Commencement: 6th December 2006.
These Rules make provision for a range of measures designed to help young,
disabled, vulnerable or intimidated witnesses give evidence in proceedings
in the Standing Civilian Court. Revoked
SI 1997 N° 172 Revoked
Victim Support
See also below
Statutory Instrument 2006 No. 2888, Commencement: 6th December 2006.
This Order applies, with modifications, Chapters 1 to 3 and 5 of Part 2 of
the Youth Justice and Criminal Evidence Act 1999 (c. 23) ("the Act") to
Standing Civilian Courts.
This Order applies, with modifications, provisions of Chapters 1 to 3
and 5 of Part 2 (and sections 62, 63 and 65 so far as having effect for
the purposes of those Chapters) of the Youth Justice and Criminal Evidence
Act 1999 (c. 23) ("the Act") to proceedings before the Court Martial, the
Service Civilian Court and the Court Martial Appeal Court. These Chapters
contain a range of measures designed to help young, disabled, vulnerable
or intimidated witnesses give evidence in criminal proceedings. In force
from 31st October 2009
Statutory Instrument 2006 No. 2885 (C. 99) Commencement: 6th December
2006. S.I. 2006/2890 contains saving provisions for Service courts in
respect of section 32(1)(a) and (3) of the CJA 88, which allows a witness
who is not in the country where the court is sitting to give evidence by
live television link. The amendments to paragraph 8 of Schedule 13 are
consequential on the amendments to section 32.
Air Force
Return
For those appearing before a Royal Air Force court-martial Revoked (archive version)
For those appearing before a Royal Air Force court-martial (SI 2008
N° 1585). These Regulations substitute regulation 3 of the Air Force Act
1955 (Part 1) Regulations 2007 ("the 2007 Regulations") and amend
Schedules 1 and 4 to those Regulations. Revoked
Statutory Instrument 2000 No. 2369 Revoked
For those appearing before a Royal Air Force court-martial (SI 1997
N° 171) Revoked
Statutory Instrument 2007 No. 3444 (in force 1 Jan
08) Revoked
Latest copy we have (large file: 12.5 Mb).
For those appearing in an RAF appeal Revoked
Army
Return
Previous on-line statute no longer fully available. This version is at 2004 and covers the law governing pre-AFA 2006 Repealed
See also, open link to archive
Statutory Instrument 2000 No. 2368 Revoked
Link also to AGAI dealing with Administrative action (AGAI 67)
JSP 833 (Minor Administrative Action)
Redress of Grievance, JSP 831
Link also to this page for
further resources.
JSP 763 - MoD Harassment Complaints Procedures
Army Board Minute of May 2007 reflecting Treasury Counsel's
advice
The Armed Forces (Service Inquiries) Regulations
2008
Information for potential officers with links to terms of service and salary scale.
Boards of Inquiry (Army) Rules 1956 and Regimental Inquiry
Regulations. site
A booklet intended to provide a general overview of two forms of
inquiries - Board of Inquiry and the Coroner's Inquest - that might take
place after a death and to help explain the purpose of each one.
Chapter 13, Manual Of Service Law
SI 1997 N° 579 Revoked
SI 1997 N° 169 Revoked
SI 2228 Revoked
The Rules, wef 1 Jan 2008 Revoked
SI 2397. These Rules amend the Courts-Martial (Army) Rules 1997 to
provide that where a civilian accused is to be tried by Army
court-martial, the court administration officer can appoint as a lay
member any person who is not subject to Service law. Revoked
Provisions relating to summary dealing, powers of subordinate
commanders etc
Useful links to source materials on discipline
Background information.
Amendment 37 - public access
(Amendment No 26)
Ch 14. Covers The Territorial Army - but see AFA 2006 Sch 17 for extent of repeal.
For those appearing in an Army appeal from the Commanding Officer Revoked
Summary Appeal Court (Army) (Amendment) Rules
2005 - revoked by Rule 97 of The Armed Forces (Summary Appeal Court) Rules 2009, SI 2009, No. 1211
Statutory Instrument 2005 No. 3486, Amending the 2000 Rules (see
above)
Statutory Instrument 2005 No. 1390 - 1 July 2005
Army edition, As at January 2008
See also: MoD web page
Navy
Return
Procedures governing the prosecution and trial of offences at
courts-martial under the Naval Discipline Act 1957 Revoked
Statutory Instrument 2000 No. 2367
For those appearing before a Royal Navy court-martial - online
statute Revoked (archive copy)
Statutory Instrument 2008 No. 1488 - provides for the Royal Navy and
Royal Marines Charity to be appointed as sole Trustee of the Fund
Statutory Instrument 2006 No. 2918
For those appearing in a Royal Navy appeal Revoked
Statutory Instrument 2005 No. 3487, amending the 2000
Rules Revoked
UK Legal Links
Their Homepage, with on-line search of Barristers' Directory
Free source of case law. Excellent
Counsel directory.
The body responsible for regulating barristers called to the Bar in England and Wales
Events and publications for practitioners and academics
Making sure absent parents contribute financially to the upkeep of
their children
About the judiciary, with links to judgments
News about the court system, with links to courts and daily
lists
Provides guidance on directing the jury in Crown Court trials and when sentencing, though it contains some practical suggestions in other areas, for example jury management, which it is hoped will be helpful. As at February 2017.
The rules incorporated in the Criminal Procedure Rules 2005, in Part
order.
A valuable criminal practitioner's site.
England & Wales - Guide
British Employment Law, free area. Excellent site.
Judgments on-line. Very valuable site
The text of this most important piece of
legislation
Established for the benefit of the international community concerning explicit engagement in exposing and ending abuses at sea and to promote human rights
UK Human Rights Blog is written by members of 1 Crown Office Row barristers' chambers. Subscription is free.
The Inns of Court
Short Case Summaries from the ICLR
Their Homepage. Link to the Solicitors
Gazette and on-line solicitor search from here. A superb site
Their Homepage. Searchable database. Excellent
The Great Charter, in the National Archives
Formerly known as the Department for Constitutional Affairs
A superb site, rich in content, for the practitioner,
academic and student.
The final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland.
The official revised edition of the primary legislation of the United
Kingdom made available online
Guidance to the treaties to which the UK is, or has been, a party. Excellent.
Templeman Library. A very rich source of varied and
useful links on many areas of law in addition to international law.
Compiled by Sarah Carter.
Victim Support
Independent charity helps people cope with effects of
crime.
Welfare of Servicemen
and Families
The ABF works tirelessly to provide support to serving soldiers,
former soldiers and their families in times of need
An organisation representing the interests of servicemen. Join
here.
Provides free, independent, expert legal services to serving or former members of the Armed Forces or their bereaved families
Backed by the Army Benevolent Fund, it is the Army's own charity that
does wonderful work for soldiers and other servicemen and women both
directly and through its support of other service
charities
The Forces Pension Society exists to ensure that serving and retired members of the Armed Forces, their widows, widowers, surviving partners, civil partners and dependants receive the pension to which they are entitled and which they deserve; and that any review of public sector pensions must have regard to the unique nature of military service. [Join Now]
A free site with lots of sound advice and assistance for veterans, ranging from housing to job seeking education and financial assistance.
Has a support forum for those in need.
Homepage of this very worthwhile organisation.
Aims to achieve dynamic delivery of high quality, comprehensive and
responsive through-life personnel services to the serving and veterans'
communities.
Other Useful/Interesting Links
The ASA is here to make sure all advertising, wherever it appears,
meets the high standards laid down in the advertising
codes.
A source of information on the growing use of armed drones.
The Bible of parliamentary procedure. available on-line
An incredible wealth of information
Propaganda — the coordinated attempt to influence large or small numbers of people to some idea and/or action
Poetry
Do not stand at my grave and weep,
by Mary Elizabeth Frye
The Charge of the Light Brigade,
by Alfred, Lord
Tennyson
Dulce et decorum est,
by Wilfred Owen, MC
In Flanders Fields,
by Major John McCrae
Grey Sun Over Normandy,
by Holly Perril
The
Soldier,
by Rupert Brooke
Tommy,
by Rudyard Kipling
All about MI5
Very
Good. TSO contact numbers/addresses
Commonwealth War Graves Site for our fallen
comrades.
Contacting Aspals is easy. Click
Here!
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Aspals Legal Pages 1997-
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