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Memorandum 15 Memorandum 14 Memorandum 13 Memorandum 12 Memorandum 11 Memorandum 10 Memorandum 6 Memorandum 5(1) Memorandum 4 Memorandum 3
JAG Practice Note 2 of 22 JAG Practice Note 1 of 22 Protocol for sentencing cases by Zoom Protocol for e-bundles Protocol for Digital Working
Sentencing v7 Sentencing v6 Sentencing v5

This page is maintained in association with AMCA. All updates relevant to Court Martial sittings and JAG policies will be displayed here, rather than on the Military News page. Further information is available from the OJAG site. The Memoranda can be accessed from the dropdown box above this message.

Sarah Magill has been appointed Deputy Assistant Judge Advocate General
Aspals is delighted to announce this appointment. Sarah, of Lincoln House Chambers, is a well know criminal barrister. She appears in the most serious cases including terrorism, murder and complex fatalities. Sarah appears regularly in Courts Martial and the civilian courts. She transferred to the Bar in 2016 having been a popular solicitor with higher rights and an existing busy practice. Her part-time appointment will enable her to bring her vast criminal law and advocacy experience to the military justice system, as she presides over service jurisdiction cases, while she continues to maintain her practice.   back to the top
Court Martial Appeal Court Sits at Bulford
On 5th December the Court Martial Appeal Court (CMAC) sat at the Bulford Military Court Centre, It is thought to be the first time this has ever occurred. The court, consisting of Lord Justice Holroyde Vice President of the Court of Appeal Criminal Division, Mr Justice Morris and Mrs Justice Foster, heard three appeals subject in each case to the anonymity provisions of the 1992 Sexual Offences Act. Public attendance was both in person and remotely. None of the appeals was successful. The second appeal concerned the composition of the Court Martial Board to try a former serviceman. The Appellant was tried by a Board consisting only of civilians. He argued, through his counsel, Mr Toby Hedworth KC, Mr Simpson, that the court should have been a military Board or, as a minimum, a mixed Board. The court disagreed. A case report will appear on the cases database in due course.   back to the top
Service Court Users Group - 9th May 2024
The latest Service Court Users Group met at the RCJ. All judge advocates attended alongside representatives of the MCS, AFCLAA, the SPA and AMCA. Please see the following headlines and tips which are of relevance to AMCA members: here   back to the top
Changes to Case Center - 17th September 2024
A few changes to how Case Center is operated are coming into effect during the next couple of days which all practitioners should be aware of. Firstly, there is a change to how long access to case files will continue for after the conclusion of a case and secondly to how disclosure is served. There are also a couple of AMCA updates: here   back to the top
Service Court Users Group - 9th May 2024
The latest Service Court Users Group met at the RCJ. All judge advocates attended alongside representatives of the MCS, AFCLAA, the SPA and AMCA. Please see the following headlines and tips which are of relevance to AMCA members: here   back to the top
Sentencing Guide - Version 6. Important Information
To clarify the position re. Service Disciplinary Offences in Version 6 of the Guidance. Version 6 does not yet have a guide for a number of Service Disciplinary Offences. In those circumstances, reference should be made to Version 5. Version 6 has been amended to include a link to Version 5. In due course amendments to Version 6 will be made to include all Service Disciplinary Offences.   back to the top
Digitisation of the Service Justice System
The SJS is striving to digitise and indeed to overtake the Crown Court in it’s adoption of technology. Video capture has gone live in all courts and is also capable of being used on deployment. JAG also remains committed to remote hearings for all preliminary matters in all but the most complex cases. The next step is the adoption of Thompson Reuters Case Center (sic). It is intended that this will go live in September and in short order the board will also be provided with tablets in order to access bundles etc. electronically. Users of CaseLines in the Crown Court will be familiar with Case Center as it is very similar. However, practitioners who would like to familiarise themselves can register early for an account [here]. A word of warning, experienced Crown Court practitioners are likely to find the experience quite annoying as this is what we could have had in the Crown Court had the money gone into the upgrades MCS has opted for instead of Common Platform.
Case Center (sic) is expected to have the ability to play CCTV and the captured footage will be uploaded after the trial should it be relevant in any future proceedings. There is also a new PTPH form which will cover the SAC, SCC & CM. This is part of JAGs renewed Better Case Management drive which includes the new practice memorandum. As part of that a final witness table now needs to be submitted by the defence. This can be found [here].
Finally, there is now an improved process for the public to watch proceedings remotely. This is an ideal resource for those struggling with mini-pupils etc. and MCS are keen to support understanding of the SJS. You can apply for a link [here].   back to the top
Annual Report Of The Office Of The Judge Advocate General 2021 – 2022
This is the second report of the current Judge Advocate General, in which he aims to provide an insight into events during the past year and make some observations on what lies ahead. [Access here].   back to the top
Judge Advocate General Practice Note JAG 2/22
Access To Recordings Of Court Proceedings. If any person wishes to listen to any part of a recording relating to on-going court proceedings, leave must first be obtained from the Judge Advocate sitting in the case or, if the Judge Advocate is not readily available, another Judge Advocate. [Access here].   back to the top
Judge Advocate General Practice Note JAG 1/22
Service Courts will henceforth adopt the stipulated procedure for all hearings where anyone attends via video link. The Practice Note refers to mode of dress, venue, IT Equipment and the occasion when the DAO is not present with the defendant. [Access here].   back to the top
AMCA update - new policy documents from OJAG and MCS (6 Jan 2022)
1. A message from JAG on Covid restrictions - please note these are significantly different to the approach of the Crown Courts
Joint Message from the Judge Advocate General and Director MCS, Dated 10 December 2021
2. The Covid Protocol - please note the 48 hour rule for papers, there will be no return to Board members using their own devices as they did in the initial re-opening phase and screens for the Board are still some way off. I am told that counsel will still be permitted to enter the building from 08:30, contrary to this document.
Covid-19 Health And Safety Protocol
3. New SOP for Board Selection - This has come about following some difficulties with the selection of one Board and political pressure to include more females on Boards. The services are required to supply a representative sample of genders inline with the gender split of the services. Selection after that is random. You will note that a serving home office police officer can sit as a reservist but a service policeman cannot sit. It may be worth asking for disclosure of the profession of any reservists in case you wish to take a point on this.
ANNEX B TO SOP 11
4. MCS Assize Programme 2022 - 2023
2022 Assize Programme – Version 2
Access the full note [here]   back to the top
Message from the Judge Advocate General and Director of the Military Court Service Dated 10 December 2021
Because of the government introduction of "Plan B", there will be some additional requirements to all current COVID-19 mitigation measures as a condition of entry into the court centres requiring, inter alia, all participants and attendees to take a Lateral Flow Test the day before attendance, and members of the public and press are required to provide evidence of being fully vaccinated on entry to the court centre. Full details [here].   back to the top
AFCLAA's approach to taking contributions to Legal Aid
Due to the lack of engagement/receipt of LA applications and refusal of LA by Service Personnel (SP) at the DSP referral stage, AFCLAA invite SP to submit an application for LA once their case has been directed for trial, with the requirement of an immediate cash payment in order to grant LA and instruct a legal representative. The procedure is explained [here].   back to the top
Revised plan for Military Court Centres after lifting of lockdown restrictions on 19 July 2021
An update from the Judge Advocate General and Director of the Military Court Service. The Prime Minister announced on 12 July 2021 that COVID-19 restrictions will be fully lifted on 19 July 2021 as planned. MCS have reviewed the impact of this decision on the operation of the Military Court Centres and taken into account a variety of factors including the need to maintain the operation of the courts during what will be a challenging phase of the pandemic. Link [here].   back to the top
16 June 2012 - Revised Plan For Return To Work After Lifting Of Lockdown Restrictions
The Prime Minister announced on Monday that Covid restrictions will not be fully lifted on 21 June as planned. JAG and DMCS have reviewed the impact of this decision on the operation of the Military Court Centres and advise [as stated here]. Thanks to AMCA.   back to the top
Service courts will gradually return to a normal operating pattern.
The detailed plan of The Judge Advocate General And The Director Of The military Court Service can be found [here]. Thanks to AMCA.   back to the top
MCTC details of its plans to move out of lockdown.
The primary principle for the gradual and cautious easing of restrictions will be in line with that of the UK Gov roadmap and will be informed by the National Framework for Prison Regimes and Services HERE. The current scheme, as set out [here] runs to 21 June 2021 and should be consulted by all court martial advocates. A section 9 statement relating to the R-v-Manning concerns about the effect of COVID on detention at MCTC is available to Aspals members [here].   back to the top
Better Case Management in the Court Martial - BCM(CM), Practice Memorandum
MEMORANDUM 3 amends "Practice in the Service Courts Collected Memoranda" Version 6 dated 1 September 2016. In that document Memorandum 3 (PCMH and Listing Practice) and Memorandum 13 (BCM(CM)) are to be removed and replaced with this new Memorandum 3. Version 7 of the Collected Memoranda will be issued in due course incorporating this change. [Available here].   back to the top
Protocol for working with e-bundles in the Service Justice System
This Protocol is designed to enable the Prosecution and the Defence to create bundles to the same standard and format. It provides for the Defence and the Prosecution creating separate bundles in order to avoid placing an undue burden on any one party. The procedures in this Protocol reflect many aspects of practice in the Civilian Justice System. [Available here].   back to the top
Protocol for Digital Working in the Service Justice System
This Protocol outlines the procedures for working with digital case files within the Service Justice System. This is an interim protocol that will be updated as further developments are put in place. Its main aim is to support remote working, with an approach that makes use of the resources currently available to in the Service Justice System. [Available here].   back to the top
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Aspals Web resources for military lawyers
Aspals Legal Pages 1997-