The usage of swords in courts-martial was an established tradition within the British armed forces. The accused was marched into their court-martial by an escort armed with a sword.

Commissioned officers 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 context ...

would be obliged to put their swords on the court table as a symbol of their rank and reputation being put on hold. At the conclusion of the hearing, the tip of the sword was turned towards them if they had been found guilty. The practice was abolished in 2004 following a claim that it was demeaning under the Human Rights Act 1998.

Practice

Traditionally in British courts-martial, all court officials would wear swords as well as all officers, whether they were a witness or were acting for the defence or prosecution. All accused, regardless of rank, would be marched into the courtroom by an armed escort. Officers' escorts would carry a drawn sword. If the accused was not an officer, the escort would carry a drawn

cutlass A cutlass is a short, broad sabre or slashing sword, with a straight or slightly curved blade sharpened on the cutting edge, and a hilt often featuring a solid cupped or basket-shaped guard. It was a common naval weapon during the early Age of S ...

. The accused officer would then have to lay his sword lengthwise on the court table as a symbol of putting his officer's commission and reputation on hold and on the line. When the verdict was decided, the judge would move the sword. If the tip of the sword pointed towards the accused, it meant they had been found guilty. If the sword was either unmoved or the hilt of the sword was pointing towards the accused then he had been found not guilty.

Abolition in the UK

In 2000, two weeks after the Human Rights Act 1998 came into force, a court martial was challenged that all swords should be removed from court as it was claimed to be "degrading". The

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 prov ...

at the trial agreed for all present to remove their swords but did so under

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

practice, describing them as an "unnecessary encumbrance". The

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 ...

case of ''Grieves v United Kingdom'', which concerned the independence of members of courts martial, referred to the use of swords but this was not part of the issues for determination by the court. In 2004

Her Majesty's Government ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal Arms , date_est ...

declared that it would no longer require the accused to be marched in with an armed escort nor would any members present wear sheathed swords. This came after Grieves' solicitor had written to the

Secretary of State for Defence The secretary of state for defence, also referred to as the defence secretary, is a secretary of state in the Government of the United Kingdom, with overall responsibility for the business of the Ministry of Defence. The incumbent is a membe ...

comparing the procedure to a " Gilbert and Sullivan opera" and threatened to go back to the European Court for a ruling on swords for being intimidating. The

Royal Australian Navy The Royal Australian Navy (RAN) is the principal naval force of the Australian Defence Force (ADF). The professional head of the RAN is Chief of Navy (CN) Vice Admiral Mark Hammond AM, RAN. CN is also jointly responsible to the Minister of ...

retains the practice of the sword on the table at courts-martial, as does the

Indian Army The Indian Army is the land-based branch and the largest component of the Indian Armed Forces. The President of India is the Supreme Commander of the Indian Army, and its professional head is the Chief of Army Staff (COAS), who is a four- ...

References

{{reflist, 30em British military traditions Courts-martial in the United Kingdom Swords 2004 disestablishments in the United Kingdom