Jeff Blackett

Last updated

Jeffrey Blackett (born 20 May 1955) is a British former judge and Royal Navy officer with the rank of Commodore. He was Judge Advocate General of the Armed Forces from 2004 to 2020 and among the cases over which he presided was that of "Marine A". Blackett was criticised by the Criminal Cases Review Commission (CCRC) for sentencing Sgt Alexander Blackman RM to a life sentence for murder, as he failed to give the board the option to pass a lesser sentence of manslaughter. According to the report, the CCRC, which investigates miscarriages of justice, said Judge Blackett was guilty of a "material irregularity" in the original trial, due to an "apparent failure to recognise the position regarding manslaughter during the trial and to direct the board appropriately". [1] Subsequently the Court Martial Appeal Court rejected any criticism of Blackett. They said: "We could see no basis for any criticism of the conduct of the Court Martial by the Judge Advocate General. He left the issues which had been raised by the prosecution and the defence during the hearing of the Court Martial to the Board in an entirely fair and proper manner." [2] Alexander Blackman's murder conviction was eventually quashed in 2017 after a successful appeal. [3]

Contents

In a previous high-profile case, Blackett also presided over the retrial in 2013 of SAS Sgt Danny Nightingale. Sgt Nightingale's first trial in 2012 resulted in a conviction for possession of an illegal weapon and a sentence of 18 months' detention in the Military Corrective Training Centre. After a public campaign and a debate in the House of Commons in which several MPs called for Nightingale's release, [4] the conviction resulting from Nightingale's guilty plea was quashed by the Court Martials Appeal Court and a retrial was ordered. Blackett stated that he would like to impose an immediate custodial sentence. His hands were tied, however, by the previous ruling from the Court Martials Appeal Court that Sgt Nightingale should not be held in custody any longer. [5]

He was the chief disciplinary officer at the Rugby Football Union (RFU) and conducted an investigation into the circumstances surrounding the Bloodgate scandal after ERC had completed its disciplinary processes. He also conducted an investigation into the sacking of John Steel as CEO by the Board in 2011 in which he recommended that the Board should all resign and seek re-election. He was President of the RFU from 2020 to 2022. He was a Senior Circuit Judge from 2005 until his retirement in 2020.

Early life

Blackett was born on 20 May 1955. He went to Portsmouth Grammar School [6] and read law at University College London. [7] He joined the Royal Navy as a Midshipman (UCE) in September 1973. In 1983, he was called to the bar. [8] He spent a year at St Antony's College Oxford in 1999/2000 and attained a Master of Studies.

Career

Military career

Blackett was promoted to lieutenant on 1 September 1978 with seniority from 1 June 1978. [9] He was promoted to lieutenant commander on 1 June 1986, [10] and to commander on 30 June 1991. [11] On 30 June 1998, he was promoted to captain. [12] Having been an acting commodore, on 1 July 2003 he was promoted to commodore. [13] His final appointment was as Director of Naval Legal Services. [7]

He retired from the Royal Navy on 1 November 2004. [14]

Judiciary career

Blackett was an Acting Metropolitan Stipendiary Magistrate from 1995 to 2000 and also sat as a uniformed judge advocate in Royal Navy courts-martial. On 2 February 2001, Blackett was appointed a Recorder, thereby becoming a part-time Circuit Judge. [15] On 28 October 2004, he was promoted to full-time Circuit Judge. [16] On 1 November 2004, he was appointed Judge Advocate General. He was the Court Martial Judge in the Sgt Blackman trial which was criticized by the Criminal Cases Review Commission. [17] He was elected a Bencher of Gray's Inn in July 2008. [7] In 2010, he became an honorary Professor of law at the University of Nottingham. [7] [18] He also sat as a Deputy High Court Judge in the Administrative Court from 2013 until his retirement from the bench. Blackett retired as a Circuit Judge and from the position of Judge Advocate General on 1 November 2020. [19]

Rugby union

Blackett has played and been an administrator in the sport of rugby union for much of his life. He played rugby at school, at the University of London and at Oxford University. He also played for the Royal Navy, Hampshire and the United Services Portsmouth Rugby Football Club. He played for the winning Royal Navy team in the 1981 Inter-Services Tournament, appearing against the Royal Air Force and in the Army Navy Match [20] and also played in the Army-Navy match in March 1982. [21] He represented the Royal Navy on the Rugby Football Union (RFU) Council from 2000 to 2004 and was RFU Disciplinary Officer from 2003 to 2013. He was a judicial officer in three Rugby World Cups (2003 - 2011) and officiated in many IRB and ERC hearings. He held other offices with the RFU from 2014 and 2018 (Chair of Governance, Chair of the Professional Game Board and non executive director on the Board of Directors). Blackett was appointed President of the RFU for the 2020-21 season in June 2020 and served for two years in that role because of Covid. [6]

Related Research Articles

<span class="mw-page-title-main">Crown Court</span> Court of first instance of England and Wales

The Crown Court is the criminal court of first instance in England and Wales responsible for hearing all indictable offences, some either way offences and appeals of the decisions of magistrates' courts. It is one of three Senior Courts of England and Wales.

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.

<span class="mw-page-title-main">United States Court of Appeals for the Armed Forces</span> Federal tribunal for appeal of lower military courts

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.

In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons to convicted persons. The royal prerogative of mercy was originally used to permit the monarch to withdraw, or provide alternatives to, death sentences; the alternative of penal transportation to "partes abroade" was used since at least 1617. It is now used to change any sentence or penalty. A royal pardon does not overturn a conviction.

The Navy-Marine Corps Court of Criminal Appeals (NMCCA) is the intermediate appellate court for criminal convictions in the United States Navy and the Marine Corps.

<span class="mw-page-title-main">Air Force Court of Criminal Appeals</span> United States Article I court

The Air Force Court of Criminal Appeals (AFCCA) is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under 10 U.S.C. § 866(a). The Court hears and decides appeals of United States Air Force court-martial convictions and appeals pendente lite. Its appellate judges are assigned to the Court by The Judge Advocate General. The Judge Advocate General instructs court-martial convening authorities to take action in accordance with the Court's decisions.

<span class="mw-page-title-main">Military courts of the United Kingdom</span>

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.

<i>R v Wang</i>

R v Wang (2005) in the criminal law of England and Wales is the binding precedent, from the highest court, that a judge in England or in Wales is not entitled to direct, or instruct, order or require, a jury to return a verdict of guilty.

Sir Brian Henry Leveson is a retired English judge who served as the President of the Queen's Bench Division and Head of Criminal Justice.

Fraser v Her Majesty's Advocate (2011) UKSC 24 is a decision of the Supreme Court of the United Kingdom relating to the effect of non-disclosure of evidence to the defence at trial and the role of the Supreme Court of the United Kingdom in Scots criminal law.

The Judge Advocate General's Corps, also known as JAG or JAG Corps, is the military justice branch or specialty of the United States Air Force, Army, Coast Guard, Marine Corps, and Navy. Officers serving in the JAG Corps are typically called judge advocates.

This is a list of notable overturned convictions in Canada.

The innocent prisoner's dilemma, or parole deal, is a detrimental effect of a legal system in which admission of guilt can result in reduced sentences or early parole. When an innocent person is wrongly convicted of a crime, legal systems which need the individual to admit guilt — as, for example, a prerequisite step leading to parole — punish an innocent person for their integrity, and reward a person lacking in integrity. There have been cases where innocent prisoners were given the choice between freedom, in exchange for claiming guilt, and remaining imprisoned and telling the truth. Individuals have died in prison rather than admit to crimes that they did not commit.

Danny Harold Nightingale is a British soldier from Crewe. He came to public attention in 2012 after he was court-martialled for illegal possession of a pistol and ammunition.

James William Rant CB QC was a British judge and the Judge Advocate General from 1991 until his death in 2003.

<span class="mw-page-title-main">2011 Helmand Province killing</span> Manslaughter of a wounded Taliban insurgent by Alexander Blackman

The 2011 Helmand Province killing was the manslaughter of a wounded Taliban insurgent by Alexander Blackman, which occurred on 15 September 2011. Three Royal Marines, known during their trial as Marines A, B, and C, were anonymously tried by court martial. On 8 November 2013, Marines B and C were acquitted, but Blackman was initially found guilty of murder of the Afghan insurgent, in contravention of section 42 of the Armed Forces Act 2006. This made him the first British soldier to be convicted of a battlefield murder whilst serving abroad since the Second World War.

Robert Brown is a Scottish man who spent 25 years in jail for a crime he did not commit, the murder of worker Annie Welsh.

Sir James William Miskin, was a British barrister and judge. He served as Recorder of London, the senior judge at the Central Criminal Court Old Bailey, from 1975 to 1990.

<span class="mw-page-title-main">Oliver A. Lee</span> Former Royal Marines officer

Colonel Oliver Andrew Lee, is a former senior Royal Marines officer and subsequently chief executive.

References

  1. "Marine A's murder conviction 'could be quashed'". 10 January 2017.
  2. RvBlackman [2017] EWCA Crim 190 at para 113
  3. "Judges quash UK marine Alexander Blackman's murder conviction". TheGuardian.com . 15 March 2017.
  4. "Danny Nightingale case: Court of appeal to rule on jailed SAS soldier". TheGuardian.com . 29 November 2012.
  5. Court document judiciary.uk
  6. 1 2 "Blackett becomes RFU President for 2020-21 season following AGM". England Rugby. 16 June 2020. Retrieved 5 August 2020.
  7. 1 2 3 4 "His Honour Judge Jeff Blackett". Trustees. Help for Heroes. Archived from the original on 21 August 2013. Retrieved 5 December 2013.
  8. Godwin, Hugh (24 September 2006). "Blackett opens window on summary justice". The Independent. Retrieved 5 December 2013.
  9. "No. 47642". The London Gazette (Supplement). 18 September 1978. pp. 11141–11142.
  10. "No. 50576". The London Gazette (Supplement). 23 June 1986. p. 8384.
  11. "No. 52591". The London Gazette (Supplement). 1 July 1991. pp. 10085–10086.
  12. "No. 55181". The London Gazette (Supplement). 29 June 1998. p. 7121.
  13. "No. 57096". The London Gazette (Supplement). 28 October 2003. p. 13295.
  14. "No. 57459". The London Gazette (Supplement). 9 November 2004. p. 14125.
  15. "No. 56113". The London Gazette . 8 February 2001. p. 1599.
  16. "No. 57455". The London Gazette . 3 November 2004. p. 13881.
  17. "No. 57457". The London Gazette . 5 November 2004. p. 14001.
  18. "Honorary Professors". School of Law. University of Nottingham. Archived from the original on 17 August 2014.
  19. "His Honour Judge Blackett: Retirement as Judge Advocate General and Senior Circuit Judge". Courts and Tribunals Judiciary. 1 November 2020. Retrieved 26 November 2020.
  20. Jenkins, Vivian, ed. (1981). Rothmans Rugby Yearbook 1981-82. Aylesbury: Rothmans Publications Ltd. p. 157. ISBN   090757405X.
  21. Jenkins, Vivian, ed. (1982). Rothmans Rugby Yearbook 1982-83. London: Rothmans Publications Ltd. p. 159. ISBN   0907574130.
Legal offices
Preceded by Judge Advocate General
2004 - 2020
Succeeded by