Judge Advocate General of the Armed Forces
Judge Advocate General of the Armed Forces
Main page

Judge Advocate General of the Armed Forces

logo
Community Hub0 subscribers
What are your thoughts?
Be the first to start a discussion here.
Be the first to start a discussion here.
Judge Advocate General of the Armed Forces

In the United Kingdom, the Judge Advocate General is a judge responsible for the Court Martial process within the Royal Navy, British Army and Royal Air Force. As such the post has existed since 2006; prior to this date the Judge Advocate General's authority related to the Army and the RAF while the Judge Advocate of the Fleet was the equivalent with regard to the Royal Navy.

A Judge Martial is recorded as serving under the Earl of Leicester in the Netherlands in 1587–88. There were judge advocates on both sides during the English Civil War and following the Restoration the office of Judge Advocate of the Army (soon to be known as Judge Advocate General) was established on a permanent basis in 1666. Since 1682 the Judge Advocate General has been appointed by letters patent of the sovereign; until 1892 most judge advocates were Members of Parliament, indeed from 1806 the office was a political one, the holder resigning on a change of government.

After 1892 the role of Judge Advocate General became a judicial rather than a ministerial office; at first it was combined with the President of the Probate Divorce and Admiralty Division before being made fully independent in 1905.

The Judge Advocate General has been entitled to appoint deputies since 1682.

The Judge Advocate General is Head of the Service Justice System. The Judge Advocate General is the senior judge advocate and is the overall lead for the jurisdiction (i.e. is not under the authority of the Lord Chief Justice or any other presiding judge).

The Judge Advocate General is assisted by a team of judges who comprise the permanent judiciary, plus a small staff of civil servants. There is a total of seven judges, comprising one vice-judge advocate general, and six Assistant judge advocates general, all of whom must be barristers or advocates of seven years standing. Only judges appointed by the JAG may preside over proceedings in the Service courts, which comprise the Court Martial, the Summary Appeal Court, and the Service Civilian Court. The judges control the practice and procedure, give rulings on legal matters, and sum up the evidence for the jury (known as a "board"). Defendants are entitled to a defending counsel or solicitor, and their unit may provide an accused's assisting officer if they so wish. The Judge Advocate General has higher authority over all units in the Armed Forces such as intelligence and combat units. The Judge Advocate General is equivalent to the position of Secretary of State for Defence.

The Judge Advocate General's office holds cases deposited the originals of all records of proceedings, which are kept for at least six years.

Historically the Judge Advocate General had responsibility for prosecuting cases as well as for summoning and supervising the court. In 1923 moves were made to separate responsibility for prosecutions from the judicial responsibilities of the Judge Advocate General's office; complete separation was achieved 25 years later with the establishment of the Directorate of Army Legal Services in the War Office (and a parallel Directorate in the Air Ministry).

See all
User Avatar
No comments yet.