Judge Advocate General of the Armed Forces facts for kids
Quick facts for kids Judge Advocate General of the Armed Forces |
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Incumbent
Judge Alan Large since 1 October 2020 |
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Style | The Honourable |
Abbreviation | JAGAF |
Appointer | Sovereign of the United Kingdom |
Formation | 2008 |
First holder | James Rant |
In the United Kingdom, the Judge Advocate General and Judge Martial of all the Forces is a very important judge. This person is in charge of the court-martial process for the Royal Navy, British Army, and Royal Air Force. A court-martial is like a special court for military members. This job has existed since 2008. Before that, there were separate judges for the Navy and the Army/RAF.
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The Start of the Role
The idea of a "Judge Martial" goes way back to the 1500s. During the English Civil War, both sides had judges like this. The official role of Judge Advocate General for the Army started in 1666.
Since 1682, the King or Queen has officially appointed the Judge Advocate General. For a long time, this job was political. The person holding it would often leave when a new government came into power.
After 1892, the Judge Advocate General's role became more about being a judge and less about politics. It became a fully independent judicial role in 1905. The Judge Advocate General has also been able to appoint other judges to help them since 1682.
What the Judge Advocate General Does
The Judge Advocate General is the main leader of the Service Justice System. This system handles legal matters for the armed forces. The Judge Advocate General is the most senior judge in this system. They are not under the authority of other top judges like the Lord Chief Justice.
A team of judges helps the Judge Advocate General. There are seven judges in total. This includes one vice-judge advocate general and six Assistant judge advocates general. All these judges must be experienced barristers (lawyers who argue cases in higher courts) or advocates.
Only judges chosen by the Judge Advocate General can lead cases in the military courts. These courts include the Court Martial, the Summary Appeal Court, and the Service Civilian Court. The judges make sure the rules are followed and explain legal matters. They also summarize the evidence for the jury, which is called a "board" in military courts. People on trial can have a lawyer to defend them.
The Judge Advocate General also has authority over all parts of the Armed Forces. This includes intelligence and combat units. The role is similar in importance to the Secretary of State for Defence. The Judge Advocate General's office keeps all records of court proceedings for at least six years.
Past Responsibilities
In the past, the Judge Advocate General was in charge of both prosecuting cases and running the court. But in 1923, people started to separate these jobs. By 1948, the job of prosecuting cases was completely separate from the Judge Advocate General's judicial duties.
Changes in Recent Years
In the 1990s, big changes happened to the court-martial system. This was partly because of decisions from the European Court of Human Rights. The Judge Advocate General used to give legal advice to the armed forces, but this role ended in 2000.
Since 2008, the Judge Advocate General handles all military court cases. Before this, the Royal Navy had its own separate system. Now, all three Services – the Navy, Army, and Air Force – use one single system of military law. This started in November 2009.
The old practice of reviewing every court-martial decision was stopped in October 2009. Now, the outcome of a trial in the court martial is final. However, people can still appeal to the Court Martial Appeal Court. The Judge Advocate General can also make rules and procedures for the military courts.
Becoming a Judge Advocate General
The rules for this job are set by a law called the Courts-Martial (Appeals) Act 1951. The King or Queen appoints the Judge Advocate General. They do this based on a recommendation from the Lord Chancellor, who is a senior government minister and judge.
To qualify, a person used to need ten years of experience as a lawyer. But since 2008, this was changed to seven years. This change was made to help more different kinds of people become judges. The person appointed is always a civilian, meaning they are not a military officer. However, they might have been in the armed forces before. Usually, a senior circuit judge takes on this role.
See also
- Judge-advocate
- Judge Advocate General
- Judge Advocate of the Fleet
- Judge Advocate General's Corps (United States)
- Judge Advocate General (Canada)