Armed Forces Day 2023: Support from Birkett Long

Armed Forces Day falls on the last Saturday of June each year, meaning the 2023 celebrations will take place on 24 June. Armed Forces Day celebrations begin at the start of the week, with the Armed Forces Day flag being raised on famous buildings and landmarks on 19 June 2023. There is also Reserves Day on 21 June 2023 to give us the opportunity to celebrate those who serve in our Reserve Forces.

For those who don’t know, Armed Forces Day is the opportunity to show support for the men and women who make up our Armed Forces. This not only includes our troops currently serving at home and abroad, but also their families, veterans and cadets. 

There are a number of events that take place around the country for Armed Forces Day, with this year’s national event taking place in Falmouth. Locally for us in Essex, there are events taking place in Maldon, Haverhill and Harlow to celebrate the event.

Armed Forces Day is a day close to my heart, and one that should be celebrated to show our support to those who serve. Having grown up in Medway, I made lots of friends in the Royal Engineers (thanks to the Royal School of Military Engineering not being far from where I grew up) and one of those is still one of my closest friends. We’ve supported each other over the years, including through their various postings from Chatham to Ripon to Catterick, and a number of deployments including two tours of Iraq as a bomb disposal expert. That is where my passion for representing those in the Armed Forces comes from. 

I also enjoy being able to help those going through Royal Military Police (RMP) interviews or Court Martial proceedings, knowing the impact each can have on their lives and their careers.

There are a number of different areas both myself, and Birkett Long as a firm, can assist our Armed Forces community with, but this article will focus on RMP interviews and Court Martial proceedings.

 

RMP Interviews

As soon as you are made aware that the RMP wishes to interview you, or even a member of your family, you should contact a solicitor who specialises in military law. This is because a number of the offences within the Armed Forces Act 2006 differ greatly from civilian criminal offences, and the likely outcomes are also different. 

RMP interviews can take place either at a specified RMP location (such as Goojerat Barracks in Colchester) or at a local barracks, and even aboard a Royal Navy ship. Regardless of the location of the interview, steps can be arranged to ensure that you or your family member is represented during the interview – whether that be in person by travelling to the location, or via secure telephone or video equipment. 

All interviews conducted by the RMP, or Special Investigations Branch (SIB) must be compliant with the civilian legislation under the Police and Criminal Evidence Act (PACE), whether you have been arrested or are being interviewed on a voluntary basis.

Following the interview process, the Service Police will continue their investigations. Once they have been completed - depending on the offence for which you have been interviewed - the matter is then referred to the Service Prosecution Authority (SPA) or your Commanding Officer (CO) for a decision to be made as to what should happen. 

If the CO or the SPA have concluded there is sufficient evidence to charge you with an offence, matters will either progress to a Summary Hearing or Courts Martial. 

There is no right to be legally represented during a Summary Hearing, and therefore it is extremely important that you seek legal advice before making the decision to have your case dealt with by your CO rather than at a Courts Martial.

 

Court Martials 

The Armed Forces Act 2006 established the Court Martial as a standing and permanent Court. The Court Martial may sit anywhere within or outside the UK and has jurisdiction to try any service offence. 

There are two permanent Court Martial centres in the UK; Catterick and Bulford. If you are involved in a case whereby a Court Martial has been elected, you will receive confirmation of the date and location of the first hearing, which is when you will be asked to enter a plea of guilty or not guilty to the charges that you face. 

It is extremely important to speak with a solicitor before this date to ensure they are able to obtain copies of the papers from the SPA and advise you as to the strength of the evidence against you.

The general requirements for Court Martial proceedings is a Judge Advocate sitting with ‘lay members’ also known as ‘board members’. There must be a minimum of three but no more than five, and the exact number depends on the nature of the case being heard. 

A Judge Advocate will sit alone in certain situations such as preliminary hearings where pleas are taken, when giving ruling on questions of law, sentencing of civilian offenders and ancillary proceedings.

The formation of the Board will depend on who is appearing before the Court. A defendant who is a serving armed forces personnel will be tried by a board from his own service. However, if there are co-defendants from a different service, each defendant will have at least one member of the board from their own service.

Punishments at Court Martial vary depending on the offence, and whether the matter could have been dealt with by your CO in a Summary Hearing. However, there are a large number of offences whereby the Judge Advocate does have the sentencing option of discharge from the services or a term of detention at the Military Corrective Training Centre (MCTC) in Colchester. MCTC provides corrective training for those who have been sentenced from between 14 days and 2 years of detention and is not a prison.

For both RMP interviews and Court Martial proceedings it is important to speak with a solicitor who understands the implications of such investigations and proceedings can have not only on your career, but your lives too. 

RMP investigations are not always conducted swiftly, and therefore a long-drawn out investigation can impact deployments and promotions. So, highlighting this to the RMP or SPA at an early stage should be considered. 

 

Contact Birkett Long

If you wish to discuss any legal issues of a military nature, please do not hesitate to contact Zoe Hosking on 01206 217323 or 07759526645. Birkett Long has a dedicated team of military solicitors who are committed to providing specialist legal advice to all Service Personnel.