A quick question for the Military Lawyers.

Discussion in 'Finance, Property, Law' started by hedgie, Jun 30, 2009.

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  1. Hi
    To save me trawling through reams of text books,maybe one of my learned friends could answer this question.

    Q1. If a British Soldier is killed in the United Kingdom in the course of his duty and the murderer is caught- what is he charged with.

    Q2. The same question but regarding a Policeman and or a Prison Officer.

    Many thanks if you can help.
     
  2. Probably murder, which carries a mandatory life sentence anyway so there's no need for a separate offence.
     
  3. Thanks BZ- its what section of what act I am looking for. Also some Jurisdictions have differnt murder charges for different classes of people-
    thats what I am trying to determine.

    Ta anyway
     
  4. Sections 9 and 10 of the Offences Against the Person Act 1861, possibly amended by the Criminal Law Act 1977, cover murder. The same act covers manslaughter, threats to kill etc elsewhere.
     
  5. Q1: Murder.

    Q2: Also murder, but in the days of the death penalty (pre 1964) killing a Police or Prison officer whilst in the course of their duty carried a mandatory death sentence under the 1957 Homicide act whereas an 'Ordinary' murder would just carry a life sentence.
     
  6. Correct.
    The 1861 Act put murder on a statutary footing, as previous to this act murder was dealt with under Common Law.

    The 1861 Act : Below
    http://en.wikipedia.org/wiki/Offences_against_the_Person_Act_1861
     
  7. Why hedgie, who's p^ssed you off this time? :) (or is it your past catching up with you? ;-) )
     
  8. 1. Murder

    2. Murder
     
  9. It all depends. Can the accused rely upon any of the available defences, which may acquit him or reduce the charge to that of manslaughter? The same applies to Q2.

    There is no special category for the murder of a soldier, or police officer in the course of their duty. Just look at NI for your best examples.
     
  10. thanks for the answers:

    This side of the water if one kills a Garda or a Prison Officer you receive 40 years minimun-its a seperate offence to ordinary murder.

    Killing of a Soldier is considered an ordinary offence here.

    Seeing as our laws are very similar, I was wondering if its the same in this instances.



    Flamingo
    Why hedgie, who's p^ssed you off this time? (or is it your past catching up with you? )

    to many to mention mate.