A civilian who was subject to military law whilst abroad was properly tried by a court-martial for a murder committed whilst abroad. The accused was the son of a serving soldier, and living with him, and subject to martial law. There was no inherent abuse of process, and the procedure had been explicitly adopted by Parliament. He could be tried by the court-martial even after his return to the UK, provided the procedure was commenced within six months. That had happened.
Judges:
Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Hope of Craighead, Lord Clyde
Citations:
Gazette 21-Jan-1998, [1997] UKHL 56, [1998] AC 917, [1998] 1 All ER 193, [1998] 2 WLR 1, [1998] 1 Cr App Rep 347
Links:
Statutes:
Army Act 1955 77A 131, Rules of Procedure (Army) 1972
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Bow Street Metroplitan Stipendiary Magistrate, Ex parte Director of Public Prosecutions QBD 1992
Defendant policemen challenged as an abuse of process, the issue of summonses relating to events some 18 years earlier.
Neill LJ said: ‘The freeing of the Guildford Four and the comments made by the Court of Appeal attracted immediate and very . .
Cited – Regina v Beckford CACD 27-Jan-1995
Procedures are needed so that cars which have been involved in major accidents or crashes and criminal proceedings are envisaged should only be destroyed with consent. Neil LJ considered the law of abuse of process saying that: ‘the constitutional . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Armed Forces
Updated: 27 October 2022; Ref: scu.158931
