- This article discusses military law. For the 1966 ITC Entertainment TV series, see Court Martial (series).
A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. They are generally found in all countries with militaries to try members of the military for breaches of military discipline. In addition, they may be used to try enemy prisoners of war for war crimes, and the Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding army's own soldiers.
Courts-martial in the United Kingdom
In the United Kingdom, summary offences are dealt with by the accused's commanding officer. The commanding officer acts as a magistrate, but the accused may only be admonished, reprimanded, fined, denied pay, have his privileges restricted or be detained for up to 28 days.
Serious offences are considered by a court-martial. The courts also consider cases when the accused is an officer or when the accused demands such a trial. Prosecution is controlled not by the military, but by a Prosecuting Authority that is independent of the chain of command. The defendant's lawyer, furthermore, may be a civilian, and costs may be borne by the military.
There are two types of courts-martial: the District Court-Martial (DCM) and the General Court-Martial (GCM). A District Court-Martial may punish the accused with up to two years imprisonment, but the General Court-Martial may punish the accused with up to life imprisonment if the offence is serious enough. There is no capital punishment in the military, though immediately prior to its complete abolition in 1998, it was available for six offences: Serious Misconduct in Action; Communicating with the Enemy; Aiding the Enemy or Furnishing Supplies; Obstructing Operations or Giving False Air Signals; Mutiny, Incitement to Mutiny or Failure to Suppress a Mutiny.
The District Court-Martial is composed of three members and the General Court-Martial of five members; in each case, one member is designated the President. The members may be warrant officers or commissioned officers. The members of the court judge the facts of the case, like a jury. They may also determine the sentence—but in the civilian courts, that power is granted only to the judge. The court is presided over by a Judge Advocate, who is normally a civilian judge from the High Court. The presiding judge may instruct the members of the Court on questions of law and sentencing.
Appeal lies to the Court-Martial Appeals Court, which may overturn a conviction or reduce a sentence. Thereafter, appeal lies to the highest court of the United Kingdom, the House of Lords (the case, like all others before the House, is only heard by a committee of judges known as judicial functions of the House of Lords).
During World War I there were a further two Courts-Martial. The Regimental Court-Martial (RCM), which rarely sat, and the Field General Court-Martial (FGCM). The FGCM consisted of three officers, one of them normally a Major who acted as president.
Court-martial in the United States
See: Courts-martial in the United States
As in all United States criminal courts, courts-martial are adversarial proceedings. That is, lawyers representing the government and the accused present the facts, legal aspects, and arguments most favorable to each side. In doing so, they follow the rules of procedure and evidence. Based upon these presentations, the judge decides questions of law. The court-martial members apply the law and decide questions of fact. Only a court-martial can determine innocence or guilt. General and special court-martial convictions are equivalent to federal court convictions.
There are three types of courts-martial—summary, special and general.
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