The military courts have jurisdiction over all members of the armed forces of the United Kingdom, and civilians subject to service discipline.
Most offences by members of the armed forces against service law are dealt with by commanding officers through a summary hearing.
[5] Examples of offences which can be dealt with by a commanding officer include being absent without leave (AWOL), insubordination, malingering, conduct prejudicial to good order, ill-treating subordinates, and various offences against civilian law, such as theft, assault, criminal damage, and careless driving.
[6] A person charged with an offence which could be dealt with by a summary hearing before a commanding officer has the right to choose trial by the Court Martial instead.
For lower ranks, he can impose a term of detention in a unit guardhouse, or at the Military Corrective Training Centre (MCTC) in Colchester, of up to 28 days, or 90 days in serious cases, or a requirement to carry out extra work or drill, or loss of entitlement to leave.
A case before the Summary Appeal Court is dealt with by re-hearing the charge, or reconsidering the decision on punishment.
The judge advocate presides over the hearing, and gives rulings on matters of law; including practice and procedure.
Further appeals on a point of law may be made to the High Court of England and Wales by way of case stated.
[12] Punishments which can be handed down by the Court include imprisonment for up to 12 months (or 65 weeks for two or more offences), a fine or community service.
For deliberations on sentence, the judge advocate is joined by the board, which is a distinctive and unique feature of the Court Martial.
[17] The punishments which can be imposed by the Court Martial range from imprisonment in a civilian prison (for any period up to life if the offence warrants it), detention at the Military Corrective Training Centre in Colchester for two years or less, dismissal from the armed services (with or without disgrace), or an unlimited fine, down to those punishments available to a commanding officer.
The director, who is appointed by the monarch, need not be a member of the armed forces, but must have been a solicitor, barrister, or advocate with higher rights of audience for at least 10 years.