Trial by court martial?

Discussion in 'Finance, Property, Law' started by Lost_Boy, Jun 26, 2009.

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  1. Would anybody be able to explain to me an OR's right to trial by court martial in line with the Armed Forces Act 2006? I am curious as to the manner in which it works as I am ignorant on the matter.

    I've entered a search but most threads relating to court martials refer to specific incidents as opposed to explaining the process.
     
  2. If you need to know

    i.e your in the CofC, the guilty b*astard or the defending officer you won’t need to ask the question :wink:
     
  3. I may, in the future, be the guilty bastard. But call it an interest rather than a need to know. Never had it explained to me so I don't know how it works.
     
  4. Fugly

    Fugly LE DirtyBAT

    Everybody has the right to trial by Courts Martial.

    If you appear before the OC (or then the CO) and are not happy with the award he presents you with, or you believe you are truly innocent and want to take the matter to trial, then every soldier has the right to refuse the OC/CO's award and take the matter to CM.

    If then found guilty however, the punishment is usually more severe than what you were originally offered to accept.
     
  5. I believe everyone has a right to elect trial by court martial.
     
  6. Wrong - the punishment cannot be increased just because of a CM
     
  7. A bit like what real courts were like.
     
  8. Fugly

    Fugly LE DirtyBAT

    You may be right - in cases where the CO has the power to administer an appropriate sanction. I may be getting mixed up with a CO referring a case directly to CM because his powers are too limited to deal with it.
     
  9. Unfortunatley I tapped the boards in front of the big fella several times. At the end of deciding the severity of your guilt he will always ask you.. "Do you accept my award ,or do you elect a trial by court martial ?" TBH if you are a scally who has got away with more than you,ve been caught for.... Then just take it on the chin as it,ll be alot less hasstle than going down the DCM route where WHEN you are found guilty the punishment will be more severe.

    LT

    Please bear in mind this is from my experiance about 24 yrs ago :oops:
     
  10. Punishment is USSUALY limited to the powers that would have been available to the CO. In some circumstances if the charge has been added to or amended they may not be limited.

    The charge that you elected may not be the charge you will be tired on at Court-Martial, it may be more or less serious than the one you elected or even one your CO was unable to act on.

    Or at least they were the rules last time I had any involvement ( a little while back)
     
  11. I thought the option to elect Court Martial was given after the OC/CO decided guilt, but before punishment was disclosed. The offer, "Do you accept my award?" being shorthand for "I consider you guilty. Do you want me to select the punishment? Or do you want it to be decided by a bunch of people who don't know you, will give little consideration to your otherwise pleasant personality and who will be mightily dischuffed at having to sit through the rigmarole of a Court Martial when they could be doing something more productive instead? And, incidentally, you'll be accommodated in the nick for a month while you wait for the CM to convene."

    Essentially "award" being the action of determining guilt, rather than the punishment itself. Dictionary definition: "A decision, such as one made by a judge or arbitrator"

    Of course, a CM also gives an opportunity for the defendant to appeal his innocence if his OC/CO has wrongly found him guilty.

    If the defendant accepts the award, he can appeal to a CM if he believes that the punishment is excessive, though by this stage he will have tacitly admitted guilt.

    Being fortunate enough to have avoided this situation, I'm basing this on rumour and would be happy to stand corrected.
     
  12. Its been a long time but..... I thought on a sliding scale of things an OC could only award a max of 7 days SUS after which he has to put you on CO,s orders ,who can bang you up for 28 days (anymore means a CM ), . Bearing in mind this was when we had a HUGE presence in BAOR & drunken misdemenors were ten a penny :)

    I remember my last CO,s orders going,,,

    CO.... Sig Smith ,I really give up.

    ME.... I apologise Sir

    CO..... Last chance 14 days, Do you accapt my award?

    ME..... Ye..... (interuppted by CO )

    CO.... Good get out of my sight.

    Que the Badge getting all shouty at me !!! & treble timing me all the way down RHQ corridor.

    LT
     
  13. I was an orderly at a CM in 1984 where the person being tried hired the best lawyer he could afford (the son of the then Attorney General). He figured he was either going to hang or go down fighting so chose the latter option. The QC turned up at the CM & did him proud - he wiped the floor with all those amateur lawyers from ALS, reduced the main prosecution witness to a gibbering wreck so she had to be sent back to BAOR, & got him acquitted on all charges.
    The defendant later admitted that it had cost him his life savings & then some for a long time after, but it was worth it because it enabled him to soldier on for a good few years afterwards.
     
  14. Did the CM route in BAOR many moons ago I new the CO was going to send me down and the provo were evil spawn from hell. Asked to go CM q said CM found not guilty I swear to this day god watched over me as I was guilty as hell. I suppose you have good and bad days.