In the United Kingdom, the Judge Advocate General and Judge Martial of all the Forces is a judge responsible for the

court-martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...

process within the

Royal Navy The Royal Navy (RN) is the United Kingdom's naval warfare force. Although warships were used by English and Scottish kings from the early medieval period, the first major maritime engagements were fought in the Hundred Years' War against Fr ...

British Army The British Army is the principal land warfare force of the United Kingdom, a part of the British Armed Forces along with the Royal Navy and the Royal Air Force. , the British Army comprises 79,380 regular full-time personnel, 4,090 Gurkha ...

and

Royal Air Force The Royal Air Force (RAF) is the United Kingdom's air and space force. It was formed towards the end of the First World War on 1 April 1918, becoming the first independent air force in the world, by regrouping the Royal Flying Corps (RFC) an ...

. As such the post has existed since 2008; prior to this date the Judge Advocate General's authority related to the Army and the RAF while the

Judge Advocate of the Fleet The Judge Advocate of the Fleet was an appointed civilian judge who was responsible for the supervision and superintendence of the court martial system in the Royal Navy from 1663 to 2008. History The position dates to the sixteenth century but ...

was the equivalent with regard to the Royal Navy.

Origins

A Judge Martial is recorded as serving under the

Earl of Leicester Earl of Leicester is a title that has been created seven times. The first title was granted during the 12th century in the Peerage of England. The current title is in the Peerage of the United Kingdom and was created in 1837. Early creatio ...

in the Netherlands in 1587–88. There were

judge advocate Judge-advocates are military lawyers serving in different capacities in the military justice systems of different jurisdictions. Australia The Australian Army Legal Corps (AALC) consists of Regular and Reserve commissioned officers that prov ...

s on both sides during the

English Civil War The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I (" Cavaliers"), mainly over the manner of England's governance and issues of r ...

and following the Restoration the office of Judge Advocate of the Army (soon to be known as Judge Advocate General) was established on a permanent basis in 1666. Since 1682 the Judge Advocate General has been appointed by

letters patent Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, tit ...

of the sovereign; until 1892 most judge advocates were

Members of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...

, indeed from 1806 the office was a political one, the holder resigning on a change of

government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...

. After 1892 the role of Judge Advocate General became a

judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

rather than a

ministerial office Ministry or department (also less commonly used secretariat, office, or directorate) are designations used by first-level executive bodies in the machinery of governments that manage a specific sector of public administration." Энцикло� ...

; at first it was combined with the President of the Probate Divorce and Admiralty Division before being made fully independent in 1905. The Judge Advocate General has been entitled to appoint deputies since 1682.

Role

The Judge Advocate General is Head of the Service Justice System. The Judge Advocate General is the senior

and is the overall lead for the jurisdiction (i.e. is not under the authority of the

Lord Chief Justice Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...

or any other presiding judge). The Judge Advocate General is assisted by a team of judges who comprise the permanent judiciary, plus a small staff of civil servants. There is a total of seven judges, comprising one vice-judge advocate general, and six Assistant judge advocates general, all of whom must be

barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and givin ...

s or

advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However ...

s of seven years standing. Only judges appointed by the JAG may preside over proceedings in the Service courts, which comprise the Court Martial, the Summary Appeal Court, and the Service Civilian Court. The judges control the practice and procedure, give rulings on legal matters, and sum up the evidence for the

jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England d ...

(known as a "board"). Defendants are entitled to a defending counsel or

solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...

, and their unit may provide an accused's assisting officer if they so wish. The Judge Advocate General has higher authority over all units in the Armed Forces such as intelligence and combat units. The Judge Advocate General is equivalent to the position of Secretary of State for Defence. The Judge Advocate General's office holds cases deposited the originals of all records of proceedings, which are kept for at least six years.

Historic role

Historically the Judge Advocate General had responsibility for prosecuting cases as well as for summoning and supervising the court. In 1923 moves were made to separate responsibility for prosecutions from the judicial responsibilities of the Judge Advocate General's office; complete separation was achieved 25 years later with the establishment of the Directorate of Army Legal Services in the War Office (and a parallel Directorate in the Air Ministry).

Changes in the 2000s

In the 1990s significant changes to the courts-martial system were instigated following

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...

judgments. The Judge Advocate General was formerly the legal adviser of the armed forces, a role that ended in 2000. In both naval and military cases, all proceedings in the military courts of the United Kingdom are held under his or her authority (the former office of Judge Advocate of the Fleet having been amalgamated into that of the Judge Advocate General in 2008). Previously the Royal Navy, the British Army and the Royal Air Force had separate court martial arrangements, but all three Services have operated under a single system of service law since November 2009. The former practice of reviewing the findings and sentences of all trials of the old courts-martial was abolished in October 2009. Now the outcome of each trial in the court martial (now a standing court) is final, subject to appeal to the

Court Martial Appeal Court The Court Martial Appeal Court is a British superior court of record which hears appeals from court martials. History The Court was originally established in 1951 as the Courts-Martial Appeal Court under the Courts-Martial (Appeals) Act 1951. It ...

. The Judge Advocate General has the authority to be the trier of fact for all cases, set rules, standards, procedures, and regulations for the Military courts of the United Kingdom.

Qualifications

The post is regulated by the Courts-Martial (Appeals) Act 1951. The appointment is made by the

British Sovereign The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiwi ...

on the recommendation of the

Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...

. Formerly, the Judge Advocate General had to be a

, or

with higher rights of audience, of ten years' standing. As of 21 July 2008 the experience needed to qualify was reduced in line with a general move to broaden diversity in the judiciary. An appointee who has practised in

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...

now has to satisfy the

judicial-appointment eligibility condition The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental ...

on a seven-year basis, while a practitioner from

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...

will need seven-years' standing as barrister, advocate or solicitor. The post is always held by a civilian rather than a

commissioned officer An officer is a person who holds a position of authority as a member of an armed force or uniformed service. Broadly speaking, "officer" means a commissioned officer, a non-commissioned officer, or a warrant officer. However, absent contex ...

, however an appointee may have previously been a member of the armed forces. In practice the post is held by a senior circuit judge.

List of judge advocates general

Through 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 ''

London Gazette London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a major se ...

'' notices of the appointment. *January 1666: Samuel Barrowe *1684:

George Clarke George Clarke (7 May 1661 – 22 October 1736), of All Souls, Oxford, was an English architect, print collector and Tory politician who sat in the English and British House of Commons between 1702 and 1736. Life The son of Sir William Clark ...

*1705:

Thomas Byde Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (disambiguation) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the ...

*1715: Edward Hughes *1734: Sir Henry Hoghton *1741: Thomas Morgan *1768: Sir Charles Gould Morgan *8 March 1806: Nathaniel Bond *4 December 1807: Richard Ryder *8 November 1809:

Charles Manners-Sutton Charles Manners-Sutton (17 February 1755 – 21 July 1828; called Charles Manners before 1762) was a bishop in the Church of England who served as Archbishop of Canterbury from 1805 to 1828. Life Manners-Sutton was the fourth son of Lord G ...

*25 June 1817: Sir John Beckett *12 May 1827: James Abercromby *2 February 1828: Sir John Beckett *2 December 1830: Sir Robert Grant *7 July 1834:

Robert Cutlar Fergusson Robert Cutlar Fergusson (1768–1838) was a Scottish lawyer and politician. He was 17th Laird of the Dumfriesshire Fergussons, seated at Craigdarroch (Moniaive, Dumfriesshire). Life Robert Fergusson was born in Dumfries, the eldest son of Alex ...

*22 December 1834: Sir John Beckett *25 April 1835:

*6 November 1838: William St Julien Arabin *21 February 1839: Sir George Grey *26 June 1841: Richard Lalor Sheil *14 September 1841: John Iltyd Nicholl *31 January 1846: James Stuart Wortley *14 July 1846: Charles Buller *30 December 1847: William Goodenough Hayter *26 May 1849: Sir David Dundas *28 February 1852:

George Bankes George Bankes (1788–1856) was the last of the Cursitor Barons of the Exchequer, the office being abolished by Conservative ministry of the Earl of Derby in 1852. Without any legal experience at the bar, he was the last barrister to be appoin ...

*30 December 1852: Charles Pelham Villiers *13 March 1858: John Mowbray *24 June 1859: Thomas Emerson Headlam *12 July 1866: John Mowbray *16 December 1868: Sir Colman Michael O'Loghlen *28 December 1870:

John Robert Davison The Right Honourable John Robert Davison Member of Parliament (United Kingdom), MP, Queen's Counsel, QC (7 April 1825 – 15 April 1871) was an English barrister and Liberal Party (UK), Liberal politician who sat in the House of Commons of the Un ...

*17 May 1871: Sir Robert Joseph Phillimore (held office pending a rearrangement of its duties) *21 August 1873:

Acton Smee Ayrton Acton Smee Ayrton (5 August 1816 – 30 November 1886) was a British barrister and Liberal Party politician. Considered a radical and champion of the working classes, he served as First Commissioner of Works under William Ewart Gladstone between ...

*7 March 1874:

Stephen Cave Sir Stephen Cave (28 December 1820 – 6 June 1880) was a British lawyer, writer and Conservative politician. He notably served as Paymaster-General between 1866 and 1868 and again between 1874 and 1880 and as Judge Advocate General between 187 ...

*24 November 1875:

George Cavendish-Bentinck George Augustus Frederick Cavendish-Bentinck (9 July 1821 – 9 April 1891), known as George Bentinck and scored in cricket as GAFC Bentinck, was a British barrister, Conservative politician, and cricketer. A member of parliament from 1859 to ...

*7 May 1880:

George Osborne Morgan Sir George Osborne Morgan, 1st Baronet, (8 May 1826 – 25 August 1897) was a Welsh lawyer and Liberal politician. Life Born at Gothenburg, Sweden, Morgan was educated at Friars School, Bangor, Shrewsbury School and Balliol College, Oxford ...

*13 July 1885: William Thackeray Marriott *22 February 1886:

John William Mellor John William Mellor PC DL QC (26 July 1835 – 13 October 1911) was an English lawyer and Liberal Party politician. Born in London, the eldest of the eight sons of Rt Hon. Sir John Mellor, of Otterhead, Devonshire, a Judge of the Queen ...

*9 August 1886: William Thackeray Marriott *13 December 1892: Sir Francis Jeune *31 August 1905: Thomas Milvain *7 October 1916: Sir Felix Cassel *21 September 1934: Colonel Sir Henry MacGeagh *1 January 1955: Captain Sir Frederick Gentle *1 January 1963: Wing Commander Sir Oliver Barnett *1 April 1968: Wing Commander Brian Duncan *1 August 1972: Harold Dean *1 August 1979: Major John Morgan-Owen *24 August 1984: James Stuart-Smith *1 February 1991:

James Rant James William Rant CB QC (16 April 1936 – 25 May 2003) was a British judge and the Judge Advocate General from 1991 until his death in 2003. Early life and education Rant was born on 16 April 1936 in the Romford district of Essex and was ed ...

(died) *1 November 2004:

Jeff Blackett Jeffrey Blackett (born 20 May 1955) is a British former judge and Royal Navy officer with the rank of Commodore. He was Judge Advocate General of the Armed Forces from 2004 to 2020 and among the cases over which he presided was that of " Marine A" ...

*1 October 2020: Alan Macdonald Large Includes material from: Haydn's ''Book of Dignities'', 12th ed. (1894; reprinted 1969)

References

External links

*
The Judge Advocate General
(Ministry of Justice website)
Military Jurisdiction - the Judge Advocate General
(Judiciary website)
Military Court Service
(

Ministry of Defence {{unsourced, date=February 2021 A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is an often-used name for the part of a government responsible for matters of defence, found in state ...

) {{British Military Military of the United Kingdom Judiciaries of the United Kingdom Judge Advocate General United K United Kingdom military law War Office War Office in World War II Courts-martial in the United Kingdom

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...