Offences Against Military Law In The United Kingdom
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Offences Against Military Law In The United Kingdom
The main Offences against military law in the United Kingdom are set out in the Armed Forces Act 2006. The offences fall into two main categories, discipline offences and criminal conduct offences. A second distinction is between those offences that can be dealt with by a Commanding Officer in a summary hearing, and those that can only be heard by the Court Martial. Discipline offences Discipline offences are those offences that can only be committed by members of the armed forces or, in a few cases, by a civilian subject to service discipline. The table below lists the principal discipline offences, and indicates for each offence: * whether it can be committed by a civilian subject to military discipline as well as a service person * whether a commanding officer can deal with the offence at a summary hearing (though if the offender is a civilian subject to service discipline, it must be heard by the Service Civilian Court) * the maximum sentence available to a Court Martial ...
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Armed Forces Act 2006
The Armed Forces Act 2006 (c 52) is an Act of the Parliament of the United Kingdom. It came into force on 31 October 2006. It replaces the three separate Service Discipline Acts (the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957) as the system of military justice under which the British Armed Forces operate. The Armed Forces Act harmonizes service law between the three armed services. One motivating factor behind the changes in the legislation combining discipline acts across the armed forces is the trend towards tri-service operations and defence organizations. The Act also granted a symbolic pardon to soldiers controversially executed for cowardice and other offences during the World War I. Key changes Key areas of change include: * Summary Discipline: Summary hearing and the role of the Commanding Officer is retained at the heart of Service discipline and is the mechanism by which most offences are dealt. Summary offences and powers are ...
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General Order
A general order, in military and paramilitary organizations, is a published directive, originated by a commander and binding upon all personnel under his or her command. Its purpose is to enforce a policy or procedure unique to the unit's situation that is not otherwise addressed in applicable service regulations, military law, or public law. A general order has the force of law; it is an offense punishable by court martial or lesser military court to disobey one. What makes it a general order (as opposed to a direct order) is that the actor is not explicitly named, nor precisely what (or who) is to be acted upon. A general order of indefinite duration may be referred to as a standing order. Standing orders are necessarily general and vague since the exact circumstances for execution occur in the future, under unknown conditions. For example, in most military agencies, there is a standing order for enlisted men to salute officers. The officers are required to return the salute to ...
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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 English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ...
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Illegal Drug
The prohibition of drugs through sumptuary law, sumptuary legislation or religious law is a common means of attempting to prevent the Recreational drug use, recreational use of certain intoxicating substances. While some drugs are illegal to possess, many governments regulate the manufacture, distribution, marketing, sale, and use of certain drugs, for instance through a medical prescription, prescription system. For example, amphetamines may be legal to possess if a doctor has prescribed them; otherwise, possession or sale of the drug is typically a criminal offense. Only certain drugs are banned with a "blanket prohibition" against all possession or use (e.g., LSD). The most widely banned substances include psychoactive drugs, although blanket prohibition also extends to some steroids and other drugs. Many governments do not criminalize the possession of a limited quantity of certain drugs for personal use, while still prohibiting their sale or manufacture, or possession in l ...
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Prize Court
A prize court is a court (or even a single individual, such as an ambassador or consul) authorized to consider whether prizes have been lawfully captured, typically whether a ship has been lawfully captured or seized in time of war or under the terms of the seizing ship's letters of marque and reprisal. A prize court may order the sale or destruction of the seized ship, and the distribution of any proceeds to the captain and crew of the seizing ship. A prize court may also order the return of a seized ship to its owners if the seizure was unlawful, such as if seized from a country which had proclaimed its neutrality. History/jurisdiction in various countries Prize courts were common in the 17th through 19th centuries, during times of American or European naval warfare. The United States in 1780 established the Federal Court of Appeals in Cases of Capture to hear appeals of prize cases from state prize courts; this court was ended in 1787, after conclusion of the war. Under cur ...
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Prize (law)
In admiralty law prizes are equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of ''prize'' in this sense is the capture of an enemy ship and her cargo as a prize of war. In the past, the capturing force would commonly be allotted a share of the worth of the captured prize. Nations often granted letters of marque that would entitle private parties to capture enemy property, usually ships. Once the ship was secured on friendly territory, she would be made the subject of a prize case: an ''in rem'' proceeding in which the court determined the status of the condemned property and the manner in which the property was to be disposed of. History and sources of prize law In his book ''The Prize Game'', Donald Petrie writes, "at the outset, prize taking was all smash and grab, like breaking a jeweler's window, but by the fifteenth century a body of guiding rules, the maritime law of nations, had begun to evolve and achieve international recogn ...
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Resisting Arrest
Resisting arrest, or simply resisting, is an illegal act of a suspected criminal either fleeing, threatening, assaulting, or providing a fake ID to a police officer during arrest. In most cases, the person responsible for resisting arrest is criminally charged or taken to court. Brazil The Brazilian penal code states resistance to arrest is "opposition to the execution of a legal act, by means of violence or threat towards a competent official executing it, or to who is assisting them". The penalty is from 1 to 3 years of imprisonment. Any damage caused by the violence used shall also be charged to the offender. Canada The Criminal Code has two provisions covering resisting arrest. Section 129(a) makes it an offence for anyone who "resists or wilfully obstructs a public officer or peace officer in the execution of their duty or any person lawfully acting in aid of such an officer". Section 270(1) makes it an offence for anyone who "(a) assaults a public officer or peace officer ...
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Provost Officer
Provost may refer to: People * Provost (name), a surname Officials Government * Provost (civil), an officer of local government, including the equivalent of a mayor in Scotland * Lord provost, the equivalent of a lord mayor in Scotland Military * Provost (military police), military police responsible for policing within the armed forces * Provost marshal, an officer in charge of military police * Provost Marshal General, commander of the military police in the United States * Provost sergeant, a sergeant in charge of regimental police in Commonwealth armies Religion * Provost (religion), a high-ranking church official * Prince-provost, a high-ranking church official Other fields * Provost (education), a senior academic administrator within certain higher education institutions * Provost (martial arts), a ranking that was second only to master in Renaissance England Aircraft * BAC Jet Provost, a British training aircraft * Percival Provost, British training aircraft Geograp ...
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Military Police
Military police (MP) are law enforcement agencies connected with, or part of, the military of a state. In wartime operations, the military police may support the main fighting force with force protection, convoy security, screening, rear reconnaissance, logistic traffic management, counterinsurgency, and detainee handling. In different countries it may refer to: * A section of military forces assigned to police, or garrison, occupied territories, usually during a war. * A section of military forces assigned to policing Prisoner of war Detentions. * A section of the military responsible for policing the areas of responsibility of the armed forces (referred to as provosts) against all criminal activity by military or civilian personnel * A section of the military responsible for policing in both the armed forces and in the civilian population (most gendarmeries, such as the French Gendarmerie or the Spanish Guardia Civil) * A section of the military solely responsible for po ...
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Dishonourable Discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and then fully and satisfactorily completed their term of service. Other types of discharge are based on factors such as the quality of their service, whether their service had to be ended prematurely due to humanitarian or medical reasons, whether they had been found to have drug or alcohol dependency issues and whether they were complying with treatment and counseling, and whether they had demerits or punishments for infractions or were convicted of any crimes. These factors affect whether they will be asked or allowed to re-enlist and whether they qualify for benefits after their discharge. United Kingdom There are several reasons why someone may be discharged from the military, including expiration of enlistment, disability, dependency and ...
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Violent And Sex Offender Register
In the United Kingdom, the Violent and Sex Offender Register (ViSOR) is a database of records of those required to register with the police under the Sexual Offences Act 2003 (the 2003 Act), those jailed for more than 12 months for violent offences, and those thought to be at risk of offending. In response to a Freedom of Information request in 2009, for example, Greater Manchester Police reported that of 16 people in their area placed on ViSOR since 2007 on their initiative and not as a result of a relevant conviction, four (25%) had clean criminal records. The Register can be accessed by the police, National Probation Service, and HM Prison Service personnel. Private companies running prisons are also granted access. It used to be managed by the National Policing Improvement Agency of the Home Office, but this was replaced by the National Crime Agency on 7 October 2013, as a feature of the Crime and Courts Act 2013, which also formally abolished the NPIA. In April 2021, amendmen ...
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Intoxicant
A psychoactive drug, psychopharmaceutical, psychoactive agent or psychotropic drug is a chemical substance, that changes functions of the nervous system, and results in alterations in perception, mood, consciousness, cognition or behavior. These substances may be used medically, recreationally or spiritually to a. Purposefully improve one’s perceived performance b. Alter one's consciousness (such as with entheogens for ritual, spiritual or shamanic purposes) or c. For research. Some categories of psychoactive drugs - which are believed, by some, to have therapeutic value - may be prescribed by some physicians and other healthcare practitioners. Examples of medication categories that may contain potentially beneficial psychoactive drugs include, but are not limited to: # Anesthetics # Analgesics # Anticonvulsants # Anti-Parkinson’s medications # Medications used to treat Neuropsychiatric Disorders a. Antidepressants b. Anxiolytics c. Antipsychotics d. Sti ...
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