In the United Kingdom, the Judge Advocate General and Judge Martial of all the Forces is a judge responsible for the

court-martial A court-martial or 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 mem ...

process within the

Royal Navy The Royal Navy (RN) is the United Kingdom's naval warfare force. Although warships were used by Kingdom of England, English and Kingdom of Scotland, Scottish kings from the early medieval period, the first major maritime engagements were foug ...

British Army The British Army is the principal land warfare force of the United Kingdom, a part of the British Armed Forces along with the Royal Navy and the Royal Air Force. , the British Army comprises 79,380 regular full-time personnel, 4,090 Gur ...

and

Royal Air Force The Royal Air Force (RAF) is the United Kingdom's air and space force. It was formed towards the end of the First World War on 1 April 1918, becoming the first independent air force in the world, by regrouping the Royal Flying Corps (RFC) an ...

. As such the post has existed since 2008; 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. Early creation ...

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 provi ...

s on both sides during the

English Civil War The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians ("Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of Kingdom of England, England's governanc ...

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 ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, t ...

of the sovereign; until 1892 most judge advocates were

Members of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members oft ...

, 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. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government ...

. 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 Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or ...

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 barristers or advocates 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 and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England du ...

(known as a "board"). Defendants are entitled to a defending counsel or solicitor, 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 (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...

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 2008). 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 Court Martial Appeal Court is a British superior court of record which hears appeals from court martials. History The Court was originally established in 1951 as the Courts-Martial Appeal Court under the Courts-Martial (Appeals) Act 1951. It ...

. 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 constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiw ...

on the recommendation of the

Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. T ...

. Formerly, the Judge Advocate General had to be a barrister, advocate, or solicitor with higher rights of audience, 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 in the judiciary. An appointee who has practised in

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 ...

now has to satisfy the

judicial-appointment eligibility condition The Tribunals, Courts and Enforcement Act 2007 is an 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 of the courts and fundamental ...

on a seven-year basis, while a practitioner from

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to th ...

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. North ...

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, or a warrant officer. However, absent conte ...

, 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 England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a major s ...

'' notices of the appointment. *January 1666:

Samuel Barrowe Samuel ''Šəmūʾēl'', Tiberian: ''Šămūʾēl''; ar, شموئيل or صموئيل '; el, Σαμουήλ ''Samouḗl''; la, Samūēl is a figure who, in the narratives of the Hebrew Bible, plays a key role in the transition from the bib ...

*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 Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (disambiguation) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the Ap ...

*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 *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 Alexa ...

*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, G ...

*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 James Archibald Stuart-Wortley, PC, QC (3 July 1805 – 22 August 1881) was a British Conservative Party politician and the husband of the philanthropist Jane Stuart-Wortley. Life He was born in 1805, the youngest son of James Archibald Stua ...

*14 July 1846: Charles Buller *30 December 1847:

William Goodenough Hayter Sir William Goodenough Hayter KCMG (1 August 1906 – 28 March 1995) was a British diplomat, Ambassador to the Soviet Union from 1953 to 1957, later Warden of New College, Oxford, and author. Early life Born at Oxford, Hayter was the son of ...

*26 May 1849: Sir David Dundas *28 February 1852:

George Bankes George Bankes (1788–1856) was the last of the Cursitor Barons of the Exchequer, the office being abolished by Conservative ministry of the Earl of Derby in 1852. Without any legal experience at the bar, he was the last barrister to be appoi ...

*30 December 1852: Charles Pelham Villiers *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 Acton Smee Ayrton (5 August 1816 – 30 November 1886) was a British barrister and Liberal Party politician. Considered a radical and champion of the working classes, he served as First Commissioner of Works under William Ewart Gladstone between ...

*7 March 1874:

Stephen Cave Sir Stephen Cave (28 December 1820 – 6 June 1880) was a British lawyer, writer and Conservative politician. He notably served as Paymaster-General between 1866 and 1868 and again between 1874 and 1880 and as Judge Advocate General between 187 ...

*24 November 1875: George Cavendish-Bentinck *7 May 1880: George Osborne Morgan *13 July 1885:

William Thackeray Marriott Sir William Thackeray Marriott (1834 – 27 July 1903), was a British barrister and Liberal and later Conservative politician who sat in the House of Commons from 1880 to 1893. Life Marriott was the third son of Christopher Marriott, of Crumps ...

*22 February 1886: John William Mellor *9 August 1886:

*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. Fr ...

*1 February 1991: James Rant (died) *1 November 2004: Jeff Blackett *1 October 2020:

Alan Macdonald Large Alan may refer to: People *Alan (surname), an English and Turkish surname *Alan (given name), an English given name ** List of people with given name Alan ''Following are people commonly referred to solely by "Alan" or by a homonymous name.'' * ...

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 {{unsourced, date=February 2021 A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is an often-used name for the part of a government responsible for matters of defence, found in state ...

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