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Rant on the Court Martial and Service Law
Rant on the Court Martial and Service Law
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Author(s): Blackett, H. H. J. Jeff
Blackett, Jeff
Blackett, Jeffrey
ISBN No.: 9780199534685
Pages: 528
Year: 202211
Format: Trade Cloth (Hard Cover)
Price: $ 460.26
Status: Out Of Print

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.


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