swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Armed Forces - From: 1998 To: 1998
This page lists 10 cases, and was prepared on 03 April 2018.
Regina v Falls Times, 15 January 1998
15 Jan 1998
CMAC
Criminal Practice, Armed Forces
Judge may choose to deal with jury's question not when asked but later at summing up if that seems appropriate in the circumstances.
Regina v Ministry of Defence ex parte Walker [1998] EWHC Admin 157
9 Feb 1998
Admn
Latham J
Personal Injury, Armed Forces
The court dismissed the plaintiff's request for judicial review of the refusal of the Criminal Injuries Compensation (Overseas) Scheme. He was injured serving as a United Nations Peacekeeper in Bosnia, from a single round fired into the block by a Serbian tank. It is not known whether the tank aimed its fire at the accommodation block or whether it was an accident while it was shooting at something else. However, nearby British and Canadian forces immediately responded with rocket and high explosive fire, clearly treating it as a warlike act. For the purpose of this appeal the Ministry has regarded it as a deliberately aimed shot at the peacekeeping unit's base. Held: The court rejecte dthe proposed argument distinguishing between war operations or military activity by warring factions on the one hand and an international crime on the other.
Latham J said: "The Scheme only has application where a crime has been committed. The question which has to be answered is whether the actions which constituted the crime amounted to 'military activity' in the ordinary sense of that phrase. I readily accept that the mere fact that, for example, a member of one of the warring factions in uniform shot at and killed or injured a peacekeeping soldier would not of itself lead to the inference that that person was engaged in 'military activity'. An individual act of violence may not, without more, have the necessary qualities of planning or cohesive action which would justify that description. But it seems to me that an attack by a tank on an observation post and accommodation such as the attack on the Maglaj School in the present case, does have those qualities. It follows that the Respondent was, in my judgment, entitled to conclude that the injuries sustained by the Applicant, albeit that they were sustained as a result of a crime of violence, fell within the exception set out in the policy."
1 Citers
[ Bailii ]
Regina v Ball, Regina v Rugg Times, 17 February 1998
17 Feb 1998
CMAC
Criminal Sentencing, Armed Forces
A sentence to military detention is more severe than is civil imprisonment because the system provided less remission. A simple substitution of sentence guidelines from non-military courts was wrong.
Army Act 1955 71
Regina v Dodman Times, 09 April 1998
9 Apr 1998
CMAC
Crime, Armed Forces
Offence of conduct with prejudice to good order did not require blameworthiness to be shown. The standard work is incorrect. Case of R v Miller demonstrates the error.
Air Force Act 1955 69
Regina v Security Services Tribunal ex parte Clarke [1998] EWCA Civ 864
20 May 1998
CA
Administrative, Employment, Armed Forces
[ Bailii ]
Regina v District Court Martial Sitting at RAF Lyneham (ex parte SAC Wayne Robert James Stoodley) [1998] EWHC Admin 567; [1998] EWHC Admin 568
20 May 1998
Admn
Armed Forces, Judicial Review
The defendant sought certiorari of a refusal of an adjournment of his hearing by the respondent. His defence team had requested an adjournment for a psychiatric report. The court had said such a report would not go as to mens rea. Held: The divisional court did have power to review a decision of the court to refuse an adjournment. The court should generally complete a hearing after an application is refused, and the defendant should then pursue an appeal. The context of an armed service where the defendant may be posted anywhere at short notice increases the need to avoid adjournments. Nevertheless, and allowing also for the absence of a power of a court martial to grant bail pending an appeal, the submission that the court should in principle be more lothe to interfere in relation to a decision to refuse an adjournment however illegal made by a Court Martial rather than any other legal tribunal, fails.
Air Force Act 1955 69
1 Cites
[ Bailii ] - [ Bailii ]
Derry v Ministry of Defence; QBD 8-Jun-1998 - Times, 08 June 1998
Regina v Secretary of State for Defence ex parte Perkins Times, 16 July 1998; Gazette, 03 September 1998; [1998] EWHC Admin 746
16 Jul 1998
Admn
Discrimination, Armed Forces
The ECJ ruling that discrimination against same sex couples did not constitute sex discrimination under the Equal Pay Directive was also effective to decide that the Armed Forces rules against employment of homosexuals was not discrimination.
Council Directive 75/117/EEC (Equal Treatment) Council Directive 76/297/EEC Equal Treatment
1 Cites
[ Bailii ]
(Un-named) Armed Services pension [1998] UKSSCSC CIS_276_1998
15 Sep 1998
SSCS
Benefits, Armed Forces
Income - Armed Forces service invaliding pension - whether 'war disablement pension'
[ Bailii ]
Regina v General Officer Commanding, Second Division, the Army and Another, Ex Parte Buchanan (Chris Lee); Regina v Same Ex Parte Fals (Raymond Carbery) Times, 20 October 1998; [1998] EWHC Admin 955
14 Oct 1998
QBD
Criminal Sentencing, Armed Forces
When reviewing sentences imposed by military courts, the divisional court should not become an alternative Court of Appeal, but should still look at the overall position. The different treatments of time in close custody and on remand must be allowed for.
[ Bailii ]
