Questions about AFA 2006


War Hero
1. Is there still a president of a Court Martial? The act refers only to members.

2. Is there to be a single set of QRs or will each service continue to have their own?

3. Is it correct to assume that the Defence Council will establish rules about the summary powers of subordinate commanders?

4. The definition of who may be appointed a judge advocate includes an ‘assistant JAG’ as defined by the Courts-Martial (Appeals) Act 1951. The relevant clauses defining these seem to have been superseded by the 1968 edition. What are the criteria for appointing an assistant JAG as judge advocate?

5. Both the Secretary of State and the Defence Council can make regulations, etc, under various sections of the act. My understanding is that they are all statutory instruments and have to be laid before Parliament. What’s the difference between those by the SoS and those by the DC? Why are some by one and some by the other?

6. How does the act apply to PW? The Geneva Convention requires that PW are subject to the protecting power’s military law but the Act says nothing about this.


War Hero
Only my Q1 that CM presidents are abolished (tucked away in Sch 8). It refers to Defence Council Regulations for the CO which may answer my Q3.

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