Electing Court Martial

Court Martial can ruin your career. Failing to get legal advice could mean Court Martial, Military Prison, and Dishonourable Discharge.

We have extensive experience of representing military personnel at Court.

If you are accused of a military offence your Commanding Officer may tell you that he is willing to decide it himself and sentence you himself.

Some more serious offences will always go to Court Martial. If your CO tells you that he is willing to decide the matter himself he will ask you whether you are happy with this or whether you would prefer it to go to Court Martial.

This is a very important decision and may have a major impact on your career. It is very important that you know what is going to happen. Contact us day or night on 01452 720827 for immediate professional advice.

There are good and bad reasons for letting your CO deal with it and for going to Court Martial. Some of those reasons may include:

Bad reasons for allowing your CO to hear your case:

1. If your CO is not legally trained;
2. Your CO may not like you, and may be biased against you;
3. Your CO may sentence you more harshly than he should;
4. Your CO may have been influenced by other people in the unit

These are only some possible reasons, there may be other reasons, not all reasons given may apply

Good reasons for allowing your CO to hear your case:

1. The matter is over quickly;
2. Cheap (although CO can still fine you)
3. Your COs punishment powers are limited (although he can still send you to prison or dismiss you from the forces)

Good reasons for electing Court Martial:

1. Just because you elect Court Martial does not mean you go to Court Martial. The matter then goes to theh Service Prosecution Authority who will look at the matter again and decide whether it is worth going to Court Martial;
2. Court Martial staff are legall training;
3. Court Martial staff will not be biased against you.

Bad reasons for electing Court Martial:

1. The matter is not over quickly;
2. Court Martials can be expensive (although you may get Legal Aid)

These are only some possible reasons, there may be other reasons, not all reasons given may apply. Contact us in confidence for specific advice to your situation.