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Vol 21 No 11 Nov/Dec 2016

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Rant on The Court Martial and Service Law 3rd ed


ISBN13: 9780199534685
Previous Edition ISBN: 1841742880
Published: December 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £172.00



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This new edition of Rant on The Court Martial, Discipline, and Service Law 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 of the 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 civil system 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 Criminal Justice 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 differences between 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 those practising in the Service justice system and for academics researching Service law.

Subjects:
Courts and Procedure
Contents:
1: The Background
An Historical Introduction
The Present Day System - the background and an overview
Transitional Arrangements under the Armed Forces Act 2006

2: The Service Environment
The Jurisdiction of Service Courts
The Court Martial
The Judge Advocate
Sentencing

3: Arrest, Custody, Investigation, Legal Aid, and Miscellaneous Orders
Arrest
Stop and search
Entry search and seizure
Custody
Investigation and charging
Legal Aid in the Service Justice System
Miscellaneous Orders

4: Commanding Officer's Investigation and Summary Trial
Personalities in the summary system
Charging and mode of trial
The Summary Hearing
Review of summary proceedings

5: The Court Martial
The Standing Court
Jurisdiction
The Service Prosecuting Authority
Bringing the Defendant to Trial
The Defendant -Notification and Defence
Disclosure
Personalities of the Court Martial
Preliminary Proceedings
The Public Nature of the Court Martial
The Trial-Preliminaries
Procedure following a plea of Guilty
Evidence
Procedure in a plea of Not Guilty
Sentencing proceedings
Variation Proceedings (the Slip Rule)
Appellate Proceedings
Activation Proceedings
Ancillary Proceedings
Record of Proceedings
Witnesses-Miscellaneous Provisions
Order of Procedure in a trial by Court Martial

6: Civilians
Jurisdiction of the Service Courts to try civilians
The Service Civilian Court
Ancillary Proceedings in the Service Civilian Court
Trial in the Court Martial

7: Sentencing Powers
Principles of sentencing
Sentences available
Recording convictions on the Police National Computer
Powers of punishment in the summary process
Disciplinary Action against detainees in Service Detention
Sentencing in the Court Martial
Sentencing Guidelines
Sentencing Civilians

8: Appeals and Reviews
Review in the Service Justice System
The Summary Appeal Court (SAC)
Detainees in Military Corrective Training Centre - Review of punishment
Civilians-Appeal from Service Civilian Court to the Court Martial
The Court Martial Appeal Court (CMAC)

9: The Effect of the ECtHR on the Court Martial Process
Early Challenges to the court martial system
Further ECHR challenges post-Findlay
The Human Rights Act 1998 and the Armed Forces Discipline Act 2000
The future
Selected recent cases which have considered the Service Justice System

Appendices
Appendix 1: Armed Forces (Court Martial) Rules 2009
Appendix 2: Armed Forces (Summary Appeal Court) Rules 2009
Appendix 3: Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009
Appendix 4: Armed Forces (Service Civilian Court) Rules 2009
Appendix 5: Armed Forces (Court Martial Appeal Court) Rules 2009
Appendix 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