Rant on the Court Martial and Service Law by Jeff BlackettRant on the Court Martial and Service Law by Jeff Blackett

Rant on the Court Martial and Service Law

byJeff Blackett

Hardcover | January 10, 2010

Pricing and Purchase Info


Earn 1,313 plum® points

Prices and offers may vary in store


Ships within 1-3 weeks

Ships free on orders over $25

Not available in stores


This new edition of Rant on the Court Martial, Discipline, and the Criminal Process in the Armed Services follows the Armed Forces Act 2006, which overhauls the naval and military justice systems, establishing a single system of service law and removing the need for separate consideration ofthe law applicable to the three services. The Act establishes the Court Martial as a standing court, and will establish a single prosecuting authority. It also abolishes review, removes old offences, establishes new offences and introduces a new sentencing regime reflecting the changes in the civilsystem brought about by the Criminal Justice Act 2003. It also extends the jurisdiction of Court Martial to allow it to try certain serious offences committed in the UK (treason, murder, manslaughter and rape), brings the new sentencing provisions introduced into civilian practice by the CriminalJustice Act 2003 into the Service jurisidiction as well as making changes to the Standing Civilian Court following the extension of jurisdiction over wider sections of civilians. This new edition has been fully revised to provide detailed coverage of the Act, which is due to come into force in January 2009. It includes a new chapter reviewing and assessing the impact of key cases in the European Court of Human Rights; new material highlighting the parallels and differencesbetween procedure in the Crown Courts and Court Martial; and a more in-depth treatment of sentencing matters. The appendices will include the various Rules relating to Service courts, relevant extracts from the Act and a list of all 65 Statutory Instruments. This is an essential handbook for thosepractising in the Service justice system and for academics researching Service law.
HHJ Jeff Blackett is the Judge Advocate General of the Armed Forces and a Senior Circuit Judge. He was previously the Naval Judge Advocate from 1989 to 2003. He co-authored the current edition of Courts-Martial, Discipline, and the Criminal Process in the Armed Services, and has contributed to Halsbury's Laws.
Title:Rant on the Court Martial and Service LawFormat:HardcoverDimensions:425 pages, 9.69 × 6.73 × 0.03 inPublished:January 10, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199534683

ISBN - 13:9780199534685


Table of Contents

1. The BackgroundAn Historical IntroductionThe Present Day System - the background and an overviewTransitional Arrangements under the Armed Forces Act 20062. The Service EnvironmentThe Jurisdiction of Service CourtsThe Court MartialThe Judge AdvocateSentencing3. Arrest, Custody, Investigation, Legal Aid, and Miscellaneous OrdersArrestStop and searchEntry search and seizureCustodyInvestigation and chargingLegal Aid in the Service Justice SystemMiscellaneous Orders4. Commanding Officer's Investigation and Summary TrialPersonalities in the summary systemCharging and mode of trialThe Summary HearingReview of summary proceedings5. The Court MartialThe Standing CourtJurisdictionThe Service Prosecuting AuthorityBringing the Defendant to TrialThe Defendant -Notification and DefenceDisclosurePersonalities of the Court MartialPreliminary ProceedingsThe Public Nature of the Court MartialThe Trial-PreliminariesProcedure following a plea of GuiltyEvidenceProcedure in a plea of Not GuiltySentencing proceedingsVariation Proceedings (the Slip Rule)Appellate ProceedingsActivation ProceedingsAncillary ProceedingsRecord of ProceedingsWitnesses-Miscellaneous ProvisionsOrder of Procedure in a trial by Court Martial6. CiviliansJurisdiction of the Service Courts to try civiliansThe Service Civilian CourtAncillary Proceedings in the Service Civilian CourtTrial in the Court Martial7. Sentencing PowersPrinciples of sentencingSentences availableRecording convictions on the Police National ComputerPowers of punishment in the summary processDisciplinary Action against detainees in Service DetentionSentencing in the Court MartialSentencing GuidelinesSentencing Civilians8. Appeals and ReviewsReview in the Service Justice SystemThe Summary Appeal Court (SAC)Detainees in Military Corrective Training Centre - Review of punishmentCivilians-Appeal from Service Civilian Court to the Court MartialThe Court Martial Appeal Court (CMAC)9. The Effect of the ECtHR on the Court Martial ProcessEarly Challenges to the court martial systemFurther ECHR challenges post-FindlayThe Human Rights Act 1998 and the Armed Forces Discipline Act 2000The futureSelected recent cases which have considered the Service Justice SystemAppendices:Appendix 1: Armed Forces (Court Martial) Rules 2009Appendix 2: Armed Forces (Summary Appeal Court) Rules 2009Appendix 3: Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009Appendix 4: Armed Forces (Service Civilian Court) Rules 2009Appendix 5: Armed Forces (Court Martial Appeal Court) Rules 2009Appendix 6: Armed Forces Act 2006 Schedule 1 (criminal conduct offences that may be dealt with at a summary hearing)Appendix 7: Armed Forces Act 2006 Schedule 2 (serious offences)Appendix 8: List of Statutory Instruments