Judge Advocate General of the Armed Forces

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Judge Advocate General of the Armed Forces
Incumbent
Judge Alan Large
since 1 October 2020
His Honour
AbbreviationJAG
AppointerSovereign of the United Kingdom
Formation2006
First holderJeff Blackett
WebsiteOfficial website

In the United Kingdom, the Judge Advocate General is a judge responsible for the

Court Martial process within the Royal Navy, British Army and Royal Air Force. As such the post has existed since 2006; prior to this date the Judge Advocate General's authority related to the Army and the RAF while the Judge Advocate of the Fleet was the equivalent with regard to the Royal Navy.[1]

Origins

A Judge Martial is recorded as serving under the

Members of Parliament, indeed from 1806 the office was a political one, the holder resigning on a change of government
.

After 1892 the role of Judge Advocate General became a

President of the Probate Divorce and Admiralty Division
before being made fully independent in 1905.

The Judge Advocate General has been entitled to appoint deputies since 1682.[1]

Role

The Judge Advocate General is Head of the

Lord Chief Justice or any other presiding judge).[3]

The Judge Advocate General is assisted by a team of judges who comprise the permanent judiciary, plus a small staff of civil servants. There is a total of seven judges, comprising one vice-judge advocate general, and six Assistant judge advocates general, all of whom must be

Service courts, which comprise the Court Martial, the Summary Appeal Court, and the Service Civilian Court. The judges control the practice and procedure, give rulings on legal matters, and sum up the evidence for the jury (known as a "board"). Defendants are entitled to a defending counsel or solicitor
, and their unit may provide an accused's assisting officer if they so wish. The Judge Advocate General has higher authority over all units in the Armed Forces such as intelligence and combat units. The Judge Advocate General is equivalent to the position of Secretary of State for Defence.

The Judge Advocate General's office holds cases deposited the originals of all records of proceedings, which are kept for at least six years.

Historic role

Historically the Judge Advocate General had responsibility for prosecuting cases as well as for summoning and supervising the court. In 1923 moves were made to separate responsibility for prosecutions from the judicial responsibilities of the Judge Advocate General's office; complete separation was achieved 25 years later with the establishment of the Directorate of Army Legal Services in the War Office (and a parallel Directorate in the Air Ministry).

Changes in the 2000s

In the 1990s significant changes to the courts-martial system were instigated following European Court of Human Rights judgments. The Judge Advocate General was formerly the legal adviser of the armed forces, a role that ended in 2000. In both naval and military cases, all proceedings in the military courts of the United Kingdom are held under his or her authority (the former office of Judge Advocate of the Fleet having been amalgamated into that of the Judge Advocate General in 2006). Previously the Royal Navy, the British Army and the Royal Air Force had separate court martial arrangements, but all three Services have operated under a single system of service law since November 2009.

The former practice of reviewing the findings and sentences of all trials of the old courts-martial was abolished in October 2009. Now the outcome of each trial in the court martial (now a standing court) is final, subject to appeal to the Court Martial Appeal Court. The Judge Advocate General has the authority to be the trier of fact for all cases, set rules, standards, procedures, and regulations for the Military courts of the United Kingdom.

Qualifications

The post is regulated by the

circuit judge
.

List of judge advocates general

Through 1847, the dates are those of actual entrance upon office, not of the appointment, which is usually a few days earlier; or of the patent, commonly some days later than those adopted in this list. After 1847 the dates are those of the

London Gazette
notices of the appointment.

Includes material from: Haydn's Book of Dignities, 12th ed. (1894; reprinted 1969)

See also

References

  1. ^ a b c Roper, Michael (1998). The Records of the War Office and Related Departments, 1660-1964. Kew, Surrey: Public Record Office.
  2. ^ "Military jurisdiction". Courts and Tribunals Judiciary. Judiciary Office. Retrieved 30 November 2018.
  3. ^ "Judge Advocate General". Courts and Tribunals Judiciary. Retrieved 30 November 2018.
  4. ^ Courts-Martial (Appeals) Act 1951, s.31
  5. ^ "Increasing Diversity in the Judiciry". Department for Constitutional Affairs. October 2004. Retrieved 5 March 2008. CP 25/04
  6. ^ "Explanatory Notes to Tribunals, Courts And Enforcement Act 2007". Office of Public Service Information. 2007. Archived from the original on 21 February 2009. Retrieved 5 March 2008. paras.281-316
  7. ^ Tribunals, Courts and Enforcement Act 2007, s.50/ Sch.10, Pt.1
  8. ^ "Military". Judiciary of England and Wales. 2011. Retrieved 11 April 2011.
  9. ^ "No. 29828". The London Gazette. 17 November 1916. p. 11156.
  10. ^ "Obituary:Sir Oliver Barnett". 22 October 2011.
  11. ^ "Judge Advocate General Appointment: Large".

External links

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