A Dictionary of Law provides the following legal concept of Court Martial <\/a>: A court convened within the armed forces to try offences against *service law. It consists of a number of serving officers, who sit without a jury and are advised on points of law by a legally qualified *judge advocate. Army and air-force courts martial are similar. The Armed Forces Act 1996 (effective from 1 April 1997) updated the laws in this field; in particular, it reinforced the independence of courts martial.<\/p>\nA general court martial must consist of a president of the rank of major\/squadron leader or above and four members, at least two of whom must be of the rank of captain\/flight lieutenant or above. Up to two members may be warrant officers (i.e. noncommissioned).<\/p>\n
A district court martial must consist of a president of the rank of major\/squadron leader or above and two members, at least one of whom has held commissioned rank for at least two years. Up to one member may be a warrant officer.<\/p>\n
A field general court martial may only be convened in active service conditions, and may exceptionally consist of two officers. Naval courts martial must consist of between five and nine officers of the rank of lieutenant or above who have held commissioned rank for at least three years, although up to two members may be warrant officers. The members of the court may not all belong to the same ship or shore establishment. The president of a naval court martial must be of the rank of captain or above, and when a senior officer is to be tried there are further rules as to the court’s composition. In all cases members of another branch of the armed forces of equivalent minimum rank may serve on army, air-force, or naval courts martial. Courts martial’s findings of guilty, and their sentences, are subject to review by the Defence Councilor any officer to whom they delegate. Since 1951 there has been a Courts-Martial Appeal Court, which consists of the Lord Chief Justice and other members of the Supreme Court. After first petitioning the Defence Council for the quashing of his conviction, a convicted person may appeal to the Court against the conviction and (from 1 April 1997) against sentence. Either he or the Defence Council may then appeal to the House of Lords.<\/p>\n
When a member of the armed forces is charged in the UK with conduct that is an offence under both service law and the ordinary criminal law the trial must in certain serious cases (e.g. treason, murder, manslaughter, and rape) be held by the ordinary criminal courts (and is in practice frequently held by them in other cases). Provision exists to ensure that a person cannot be tried twice for the same offence.<\/p>\n
See also standing civilian court.<\/p>\n","protected":false},"excerpt":{"rendered":"
Legal Definition and Related Resources of Court-martial <\/p>\n
Meaning of Court-martial <\/div>\n
A court established for trying offenses against naval, military or airforce discipline, or against the ordinary law, by a member of the Armed Forces. <\/h4>\n
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