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The British Armed Forces are the military forces responsible for the defence of the United Kingdom, its Overseas Territories and the Crown Dependencies. They also promote the UK's wider interests, support international peacekeeping efforts and provide humanitarian aid.
A court-martial or court martial is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants.
Military justice is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances.
The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States. The UCMJ was established by the United States Congress in accordance with their constitutional authority, per Article I Section 8 of the U.S. Constitution, which provides that "The Congress shall have Power. .. to make Rules for the Government and Regulation of the land and naval forces" of the United States.
A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and then fully and satisfactorily completed their term of service. Other types of discharge are based on factors such as the quality of their service, whether their service had to be ended prematurely due to humanitarian or medical reasons, whether they had been found to have drug or alcohol dependency issues and whether they were complying with treatment and counseling, and whether they had demerits or punishments for infractions or were convicted of any crimes. These factors affect whether they will be asked or allowed to re-enlist and whether they qualify for benefits after their discharge.
The United States Court of Appeals for the Armed Forces is an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty and other persons subject to the Uniform Code of Military Justice. The court is composed of five civilian judges appointed for 15-year terms by the president of the United States with the advice and consent of the United States Senate. The court reviews decisions from the intermediate appellate courts of the services: the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Coast Guard Court of Criminal Appeals, and the Air Force Court of Criminal Appeals.
The Royal Military Police (RMP) is the corps of the British Army responsible for the policing of army service personnel, and for providing a military police presence both in the UK and while service personnel are deployed overseas on operations and exercises. Members of the RMP are often known as 'Redcaps' because of the scarlet covers on their peaked caps and scarlet coloured berets.
The Royal Navy Police (RNP) is the service police branch of the Royal Navy and Royal Marines. Members of the RNP enforce service law and discipline.
Courts-martial of the United States are trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice (UCMJ). They can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Federal courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial, which contains the Rules for Courts-Martial (RCM), Military Rules of Evidence, and other guidance. State courts-martial are governed according to the laws of the state concerned. The American Bar Association has issued a Model State Code of Military Justice, which has influenced the relevant laws and procedures in some states.
In the United Kingdom, devolved matters are the areas of public policy where the Parliament of the United Kingdom has devolved its legislative power to the national legislatures of Scotland, Wales and Northern Ireland, while reserved matters and excepted matters are the areas where the UK Parliament retains exclusive power to legislate.
Visiting Forces Act is a title often given to laws governing the status of military personnel while they are visiting areas under the jurisdiction of another country and/or while forces of one country are attached to or serving with forces of another country.
The Protection of Wrecks Act 1973 is an act of the Parliament of the United Kingdom which provides protection for designated shipwrecks.
The Armed Forces Act 2006 is an act of the Parliament of the United Kingdom.
The Naval Discipline Act 1957 was an Act of the Parliament of the United Kingdom governing discipline in the Royal Navy. It governed courts-martial and criminal penalties for crimes committed by officers and ratings of the Royal Navy. It was substantially replaced at the end of 2008 by the Armed Forces Act 2006, which created a unified code of military law for all three British Armed Forces. The whole Naval Discipline Act was repealed in October 2009.
Goldman v. Weinberger, 475 U.S. 503 (1986), was a United States Supreme Court case in which a Jewish Air Force officer was denied the right to wear a yarmulke when in uniform on the grounds that the Free Exercise Clause applies less strictly to the military than to ordinary citizens.
The military courts of the United Kingdom are governed by the Armed Forces Act 2006. The system set up under the Act applies to all three armed services: the Royal Navy (RN), the British Army, and the Royal Air Force (RAF), and replaces the three parallel systems that were previously in existence.
The main Offences against military law in the United Kingdom are set out in the Armed Forces Act 2006.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Overseas Territory of Akrotiri and Dhekelia enjoy most of the same rights as non-LGBT people.
Until 1689, mutiny was regulated in England by Articles of War instituted by the monarch and effective only in a period of war. This abuse of the crown's prerogative caused Parliament to pass the Petition of Right in 1628. This Act stated that neither civilians nor soldiers and officers who were in England during peace were subject to military courts or law. Only common-law courts and courts of equity could exercise authority over individuals in peacetime England. Because the articles of war did not fall under these court's jurisdiction, military law could not be applied to anyone in England, whether soldier or civilian.
References
- ↑ See Text of Schedule 15, Part 1 of the Armed Forces Act 2006 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk .
- ↑ See Text of Schedule 1 of the Armed Forces (Civilians Subject to Service Discipline) Order 2009 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk .
- ↑ See Text of Schedule 2 of the Armed Forces (Civilians Subject to Service Discipline) Order 2009 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk .
- 1 2 See Text of the Schedule 3 of the Armed Forces (Civilians Subject to Service Discipline) Order 2009 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk .
- ↑ Section 51 of the Armed Forces Act 2006
- ↑ Rule 33 of The Armed Forces (Court Martial) Rules 2009 (Statutory Instrument 2009/2041), Office of Public Sector Information
- ↑ 10 U.S.C. § 802