The military can be a very damaging experience, especially for those who enlist every year. These damages may not be caused by physical or mental harm during or after military service, but rather from the complex navigation of laws surrounding military services. This is true both for civil and military law. What is to be navigated, and how?
Understanding Military Laws
It is first important to know the differences between civilian and military law in the UK. Military law is more complex than civilian law in both the offences it enshrined as well as the judicial process for soldiers accused under military law. Military law is enforced through the court martial system, where military staff adjudicate and populate each case.
The Service Police enforce military law, and minor offenses are ‘tried,’ using summary proceedings. Court martials, on the other hand, are reserved for serious crimes and use a jury system that is similar to civil court proceedings, but populated with military servicepeople.
Legal Support and Resources
Summary proceedings will be used in the vast majority of military cases. This is not a formal court proceeding, and the accused service person does not receive legal representation or counsel. Support and advice are available and should be sought, just as in more serious court martial proceedings.
Military charities such as the SSAFA are a great resource to get practical advice. Legal advice firms specializing in military law are available to help you navigate the military justice system.
Navigating Common Legal Issues
Not all legal problems are a result of the military justice system. Many veterans of the Armed Forces have their legal experience defined by the civilian courts after deployment. Legal challenges can arise from a variety of reasons, including family law, divorce, assigning power of attorney and direct civil actions relating negligence or injury while deployed.
In the second case, military lawyers are the best option to help you navigate the complicated tangle of military law and civil laws. Legal challenges could result in compensation for either situation.
Court Martial and Military Justice
The military is a different world. Summary proceedings are not attended by legal counsel, as we have seen. But, the consequences of a conviction in summary proceedings or a court martial are grave. In military law, sentences can include prison time or military-specific punishments such as correctional training at the MCTC.