Courts Martial
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Courts Martial
Hello.
I have been accused of 'stuff'. I am, of couse, innocent but I have to attend a court martial next week to prove it.
I was wondering if anyone had any experience of courts martial that they would like to share - to give me some idea of what to expect.
Thanks.
I have been accused of 'stuff'. I am, of couse, innocent but I have to attend a court martial next week to prove it.
I was wondering if anyone had any experience of courts martial that they would like to share - to give me some idea of what to expect.
Thanks.
Cunning Artificer
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Beware!!
Another name for a Court Martial is "Kangaroo Court". You really must get yourself represented by a civilian lawyer with experience of Courts Martial or the JAG's prosecutor will make mincemeat out of both yourself and any ordinary zobbit who's been detailed to look after your defence. Also, assuming you're a light blue chap, make sure you dig into MAFL (Manual of Air Force Law) and get familiar with the rules of evidence, especially as regards admissability of evidence and answering questions that might have incriminating answers.
I was court-martialled once but the only 'evidence' they had was deemed inadmissable under the rules of evidence. The cost of the civvy lawyer who dug this gem out was money well spent, for if he hadn't been there, the 'evidence' would almost certainly have been admitted anyway. Despite being innocent they still fined me a tenner for conduct prejudicial to good order and service discipline. The general principle of this catch-all is that even if you're not guilty of the offence you are charged with, you must be guilty of something.
Good Luck and do let us know how you got on...
Another name for a Court Martial is "Kangaroo Court". You really must get yourself represented by a civilian lawyer with experience of Courts Martial or the JAG's prosecutor will make mincemeat out of both yourself and any ordinary zobbit who's been detailed to look after your defence. Also, assuming you're a light blue chap, make sure you dig into MAFL (Manual of Air Force Law) and get familiar with the rules of evidence, especially as regards admissability of evidence and answering questions that might have incriminating answers.
I was court-martialled once but the only 'evidence' they had was deemed inadmissable under the rules of evidence. The cost of the civvy lawyer who dug this gem out was money well spent, for if he hadn't been there, the 'evidence' would almost certainly have been admitted anyway. Despite being innocent they still fined me a tenner for conduct prejudicial to good order and service discipline. The general principle of this catch-all is that even if you're not guilty of the offence you are charged with, you must be guilty of something.
Good Luck and do let us know how you got on...
Torquil Proot
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Hi Scraggle,
Good advice from Blacksheep.
The justice system works the opposite way round in the Forces, you are "Guilty" until you can prove your innocence.
Gone are the days where you were marched in, grilled until you admitted everything, thanked your lucky stars you only got six months in Colchester for breathing out of turn.
Depends what your are accused of, and what evidence you are allowed to produce, but a good lawyer will be invaluble.
Good Luck and let us know what happens.
Good advice from Blacksheep.
The justice system works the opposite way round in the Forces, you are "Guilty" until you can prove your innocence.
Gone are the days where you were marched in, grilled until you admitted everything, thanked your lucky stars you only got six months in Colchester for breathing out of turn.
Depends what your are accused of, and what evidence you are allowed to produce, but a good lawyer will be invaluble.
Good Luck and let us know what happens.
Cunning Artificer
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I spoke to my daughter who specialises in criminal law, Scraggle, although she has no experience in military prosecutions.
Being in Cyprus, if you're having trouble finding legal representation [and its a bit late now], try calling the Forces Law network on +44 845 601 1260.
Their website has useful information and links too...
Forces Law - Courts martial
Being in Cyprus, if you're having trouble finding legal representation [and its a bit late now], try calling the Forces Law network on +44 845 601 1260.
Their website has useful information and links too...
Forces Law - Courts martial
Nemesis of the Proot Dynasty
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Scraggle,
Absolutely agree with everything Blacksheep has said.
Attended a Courts martial once (as an observer!). Someone had blown the canopy off a "special" aircraft by mistake. Even though the perpetrator was an outstanding NCO, with an unblemished record, there was no A.P. for the systems surrounding this canopy, noboby was hurt and the repairs took half a day (I know, because I repaired it!), he was pilloried.
His lawyer argued until he was blue in the face, that it was the air force's mistake in having an aircraft which was totally unique and yet had no manuals to guide the unwary (the NCO had used the only A.P. available which was for an unmodified aircraft - and was the only manual in use on the squadron), his submission was almost disdainfully dismissed by the Court.
So much for justice.
Anyway, good luck!
Absolutely agree with everything Blacksheep has said.
Attended a Courts martial once (as an observer!). Someone had blown the canopy off a "special" aircraft by mistake. Even though the perpetrator was an outstanding NCO, with an unblemished record, there was no A.P. for the systems surrounding this canopy, noboby was hurt and the repairs took half a day (I know, because I repaired it!), he was pilloried.
His lawyer argued until he was blue in the face, that it was the air force's mistake in having an aircraft which was totally unique and yet had no manuals to guide the unwary (the NCO had used the only A.P. available which was for an unmodified aircraft - and was the only manual in use on the squadron), his submission was almost disdainfully dismissed by the Court.
So much for justice.
Anyway, good luck!
Cunning Artificer
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Bus429, there's a lot of things that might surprise you. I wasn't always a good boy like what I are now and that user name of mine hides a thousand stories... 
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Was at a Scottish RAF station in the 80's when a guy was court martialled. Can't remember what the exact charge was but the guy was pulled in by the RAF Police when a call by his WRAF girlfriend to her friend at another RAF station was intercepted. This was during the Cold War when such things were routine for the sake of security. Apparently she was telling her friend about a rather experimental sex session the previous night involving "potting the brown instead of the pink" if you know what I mean and was asking about how to get rid of the residue which might still be where the sun don't shine.
Anyway, the rozzers put the WRAF under the cosh threatening to charge her if she didn't tell them who the boyfriend was she had been talking about. Result was he was court martialled for some arcane offence, found guilty, given seven years in Colchester and a dishonourable discharge.
Ended up he appealed the verdict which had to go through a civvie judge and won. Unfortunately, by this time he had done six months and still got dishonourably discharged.
Anyway, the rozzers put the WRAF under the cosh threatening to charge her if she didn't tell them who the boyfriend was she had been talking about. Result was he was court martialled for some arcane offence, found guilty, given seven years in Colchester and a dishonourable discharge.
Ended up he appealed the verdict which had to go through a civvie judge and won. Unfortunately, by this time he had done six months and still got dishonourably discharged.
