Judge Advocate General

From Wikipedia, the free encyclopedia

This page is about the British Judge Advocate General. For the U.S. Judge Advocate General's Corps, see here.

The Judge Advocate General and Judge Martial of all the Forces is a civilian, with at least 10 years legal experience as a barrister or advocate, or Vice Judge Advocate General, or an assistant Judge Advocate General, and is responsible for judicial functions in the British Army and Royal Air Force. He is the legal adviser of the Sovereign and of the commander-in-chief in military cases, and by his authority all general courts-martial are held. In his office are deposited the originals of all such proceedings, and on his receipt of them they are examined, and either deposited as correct, or communicated upon, or submitted by the Judge Advocate General to Her Majesty for royal approval, or for pardon, or revision, as, in the opinion of this officer, the case may require.

He is assisted by civilians who are his permanent staff. There is a total of ten, comprising one Vice Judge Advocate General (must be a barrister or advocate of seven years standing, or a deputy judge advocate), 6 Assistant Judge Advocates General (must be a barrister or advocate of seven years standing, or a deputy judge advocate), 2 Deputy Judge Advocates (must be a barrister or advocate of five years standing).

These provide advice to accused and prosecution, and sum up the evidence for the Court. Defendants are entitled to a defending officer, and to civilian counsel if they so wish. The British Army and the RAF have similar arrangements, and the same Judge Advocate General. In the 1990s significant changes to the courts martial system were instigated following European Court of Human Rights judgements.

The Director of Army Legal Services, a major-general, advises the army on all legal matters. His staff are officers of the Army Legal Services Branch of the Adjutant-General's Corps. They number 110, including 20 short service captains. There are ten in the Territorial Army.

The head of the RAF Legal Branch, is an Air Vice Marshal, who advises the RAF on all legal matters. His staff are officers of the Legal Branch. They number around 40 including 10 Flight Lieutenants.

The office has been for many years a political one, the holder resigning on a change of ministry. The Judge Advocate General was made subordinate to the Lord Chancellor, and since 1951 has been appointed on his recommendation.

[edit] Judge Advocates General

Down to 1847 the dates are those of actual entrance upon office, not of the appointment, which is usually a few days earlier; or of the patent, commonly some days later than those adopted in this list. After 1847 the dates are those of the Gazette notices of the appointment.