In the United Kingdom, the Judge Advocate General is a judge responsible for the

Court Martial A 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 members of the mili ...

process within the

Royal Navy The Royal Navy (RN) is the naval warfare force of the United Kingdom. It is a component of His Majesty's Naval Service, and its officers hold their commissions from the King of the United Kingdom, King. Although warships were used by Kingdom ...

British Army The British Army is the principal Army, land warfare force of the United Kingdom. the British Army comprises 73,847 regular full-time personnel, 4,127 Brigade of Gurkhas, Gurkhas, 25,742 Army Reserve (United Kingdom), volunteer reserve perso ...

and

Royal Air Force The Royal Air Force (RAF) is the Air force, air and space force of the United Kingdom, British Overseas Territories and Crown Dependencies. It was formed towards the end of the World War I, First World War on 1 April 1918, on the merger of t ...

. As such the post has existed since 2006; prior to this date the Judge Advocate General's authority related to the Army and the RAF while the Judge Advocate of the Fleet 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. History Earl ...

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 or Great Rebellion was a series of civil wars and political machinations between Cavaliers, Royalists and Roundhead, Parliamentarians in the Kingdom of England from 1642 to 1651. Part of the wider 1639 to 1653 Wars of th ...

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 (plurale tantum, plural form for singular and plural) are a type of legal instrument in the form of a published written order issued by a monarch, President (government title), president or other head of state, generally granti ...

of the sovereign; until 1892 most judge advocates were Members of Parliament, 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 (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...

. 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 The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales. Until 2005 the lord chief justice was the second-most senior judge of the English a ...

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 jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...

s or

advocate An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...

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, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ...

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

solicitor A solicitor is a lawyer 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 enabled to p ...

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

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 2006). 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 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 form of government used by the United Kingdom by which a hereditary monarch reigns as the head of state, with their powers regulated by the British cons ...

on the recommendation of the

Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...

. Formerly, the Judge Advocate General had to be a

, or

with higher

rights of audience In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have rights of audience in the ...

, 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 Diversity, diversify, or diverse may refer to: Business *Diversity (business), the inclusion of people of different identities (ethnicity, gender, age) in the workforce *Diversity marketing, marketing communication targeting diverse customers * ...

in the judiciary. An appointee who has practised in

England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, 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. Th ...

now has to satisfy the

judicial-appointment eligibility condition The Tribunals, Courts and Enforcement Act 2007 (c. 15) is an Act of Parliament (UK), 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 ...

on a seven-year basis, while a practitioner from

Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...

Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...

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 (NCO), or a warrant officer. However, absent ...

, 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 both England and the United Kingdom, with a population of in . Its wider metropolitan area is the largest in Western Europe, with a population of 14.9 million. London stands on the River Tha ...

'' 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 *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 (né Manners; 17 February 1755 – 21 July 1828) was a British clergyman in the Church of England who served as Archbishop of Canterbury from 1805 to 1828. Life Manners-Sutton was the fourth son of Lord George Manners ...

*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 Ale ...

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

*6 November 1838: William St Julien Arabin *21 February 1839:

Sir George Grey Sir George Grey, KCB (14 April 1812 – 19 September 1898) was a British soldier, explorer, colonial administrator and writer. He served in a succession of governing positions: Governor of South Australia, twice Governor of New Zealand, Gov ...

*26 June 1841:

Richard Lalor Sheil Richard Lalor Sheil (17 August 1791 – 23 May 1851), Irish politician, writer and orator, was born at Drumdowney, Slieverue, County Kilkenny, Ireland. The family was temporarily domiciled at Drumdowney while their new mansion at Bellevue, near ...

*14 September 1841: John Iltyd Nicholl *31 January 1846: James Stuart Wortley *14 July 1846:

Charles Buller Charles Buller (6 August 1806 – 29 November 1848) was a British barrister, politician and reformer. Background and education Born in Calcutta, British India, Buller was the son of Charles Buller (1774–1848), a member of a well-known Corn ...

*30 December 1847:

William Goodenough Hayter Sir William Goodenough Hayter Order of St Michael and St George, KCMG (1 August 1906 – 28 March 1995) was a British diplomat, List of British ambassadors to Russia, Ambassador to the Soviet Union from 1953 to 1957, later List of Wardens of Ne ...

*26 May 1849: Sir David Dundas *28 February 1852: George Bankes *30 December 1852:

Charles Pelham Villiers Charles Pelham Villiers (3 January 1802 – 16 January 1898) was a British lawyer and politician from the aristocratic Villiers family. He sat in the House of Commons for 63 years, from 1835 to 1898, making him the longest-serving Member of Parl ...

*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 *17 May 1871: Sir Robert Joseph Phillimore (held office pending a rearrangement of its duties) *21 August 1873: Acton Smee Ayrton *7 March 1874: Stephen Cave *24 November 1875: George Cavendish-Bentinck *7 May 1880:

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

*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 James Stuart-Smith, (13 September 1919 – 15 May 2013) was a British judge and British Army officer. He served as Judge Advocate General from 1984 to 1991. Early life Stuart-Smith was born on 13 September 1919 in Brighton, Sussex, England. F ...

*1 February 1991: James Rant (died) *1 November 2004: Jeff Blackett *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 A ministry of defence or defense (see American and British English spelling differences#-ce.2C -se, spelling differences), also known as a department of defence or defense, is the part of a government responsible for matters of defence and Mi ...

) {{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 Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...