Judge Advocate General
Encyclopedia
In the United Kingdom
, the Judge Advocate General and Judge Martial of all the Forces is a judge
responsible for the court martial process within the Royal Navy
, British Army
and Royal Air Force
.
. Formerly, the Judge Advocate General had to be a barrister
, advocate
, or solicitor
with higher rights of audience
, of 10 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 practiced in England and Wales
now has to satisfy the judicial-appointment eligibility condition on a 7-year basis, while a practitioner from Scotland
or Northern Ireland
will need 7 years' standing as barrister, advocate or solicitor. The post is always held by a civilian rather than a commissioned officer, however an appointee may have previously been a member of the armed forces. In practice the post is held by a Senior Circuit Judge.
The Judge Advocate General can also be appointed from the Vice Judge Advocate General or Assistant Judge Advocates General.
The office of Judge Advocate General was, in Victorian times
, a political one, the holder resigning on a change of Government
, and remains technically one of the Law Officers of the Crown
. The Judge Advocate General was made subordinate to the Lord Chancellor
, and since 1951 has been appointed by the Queen
on his recommendation.
.
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 barrister
s or advocate
s of seven years standing. They preside over all 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
(known as a "Board"). Defendants are entitled to a defending counsel or solicitor
, and their unit may provide a Defendant's Assisting Officer if they so wish. The Royal Navy, the British Army and the Royal Air Force have similar arrangements and all three Services have operated under a single system of Service law since November 2009. In the 1990s significant changes to the courts-martial system were instigated following European Court of Human Rights
judgments.
notices of the appointment.
Includes material from: Haydn's Book of Dignities, 12th ed. (1894; reprinted 1969)
United States
Canada
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, the Judge Advocate General and Judge Martial of all the Forces is a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
responsible for the court martial process within the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
, British Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
and Royal Air Force
Royal Air Force
The Royal Air Force is the aerial warfare service branch of the British Armed Forces. Formed on 1 April 1918, it is the oldest independent air force in the world...
.
Qualifications
The post is regulated by the Courts-Martial (Appeals) Act 1951. The appointment is made by the British Sovereign on the recommendation of the Lord ChancellorLord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
. Formerly, the Judge Advocate General had to be a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, advocate
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
, or solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
with higher rights of audience
Rights of audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have a right of audience, and solicitors, who traditionally do not ; there is no such...
, of 10 years' standing. As of 21 July 2008 the experience needed to qualify was reduced in line with a general move to broaden diversity
Diversity (politics)
In the political arena, the term diversity is used to describe political entities with members who have identifiable differences in their backgrounds or lifestyles....
in the judiciary. An appointee who has practiced in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
now has to satisfy the judicial-appointment eligibility condition on a 7-year basis, while a practitioner from Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
or Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
will need 7 years' standing as barrister, advocate or solicitor. The post is always held by a civilian rather than a commissioned officer, however an appointee may have previously been a member of the armed forces. In practice the post is held by a Senior Circuit Judge.
The Judge Advocate General can also be appointed from the Vice Judge Advocate General or Assistant Judge Advocates General.
The office of Judge Advocate General was, in Victorian times
Victorian era
The Victorian era of British history was the period of Queen Victoria's reign from 20 June 1837 until her death on 22 January 1901. It was a long period of peace, prosperity, refined sensibilities and national self-confidence...
, a political one, the holder resigning on a change of Government
Government of the United Kingdom
Her Majesty's Government is the central government of the United Kingdom of Great Britain and Northern Ireland. The Government is led by the Prime Minister, who selects all the remaining Ministers...
, and remains technically one of the Law Officers of the Crown
Law Officers of the Crown
The Law Officers of the Crown are the chief legal advisers to the Crown, and advise and represent the various governments in the United Kingdom and the other Commonwealth Realms. In England and Wales, Northern Ireland and most Commonwealth and colonial governments, the chief law officer of the...
. The Judge Advocate General was made subordinate to the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, and since 1951 has been appointed by the Queen
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
on his recommendation.
Role
The Judge Advocate General was formerly the legal adviser of the Armed Forces, a role which ended in 2000. In naval and military cases, by his or her authority all proceedings in the Court Martial are held. The Judge Advocate General's office holds cases deposited the originals of all Records of Proceedings, which are kept for at least six years. 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 Judge Advocate General also has power to refer a case to the Court Martial Appeal Court if it gives rise to an important point of lawPoint of Law
Point of Law is a game in the 3M bookshelf game series. It was designed by Michel Lipman and published in 1972. The game includes a book giving summaries of one hundred real-life court cases, each with four possible outcomes. The players discuss the case, then each decides which of the outcomes is...
.
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 barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s or advocate
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
s of seven years standing. They preside over all proceedings in the Service courts
Military Courts of the United Kingdom
The Military Courts of the United Kingdom are now governed by the Armed Forces Act 2006. The system set up under the Act applies to all three armed services, the Royal Navy , the Army and the Royal Air Force , and replaces the three parallel systems that were previously in existence.The military...
, 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
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
(known as a "Board"). Defendants are entitled to a defending counsel or solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
, and their unit may provide a Defendant's Assisting Officer if they so wish. The Royal Navy, the British Army and the Royal Air Force have similar arrangements and all three Services have operated under a single system of Service law since November 2009. In the 1990s significant changes to the courts-martial system were instigated following European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
judgments.
List of Judge Advocates General
Down to 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 GazetteLondon Gazette
The London Gazette is one of the official journals of record of the British government, and the most important among such official journals in the United Kingdom, in which certain statutory notices are required to be published...
notices of the appointment.
- January 1666: Samuel Barrowe
- 1684: George ClarkeGeorge ClarkeGeorge Clarke , the son of Sir William Clarke, enrolled at Brasenose College, Oxford in 1676. He was elected a Fellow of All Souls College, Oxford in 1680. He became Judge Advocate to the Army and was William III of England's Secretary at War from 1690 to 1704...
- 1705: Thomas Byde
- 1715: Edward Hughes
- 1734: Sir Henry Hoghton
- 1741: Thomas MorganThomas Morgan (judge advocate)Thomas Morgan was a Welsh politician and lawyer of the 18th century.He was the younger son of John Morgan and his wife Martha. Thomas received the estate of Rhiwpera upon his father's death in 1720. He entered the House of Commons as Member of Parliament for Brecon in 1723, which he represented...
- 1768: Sir Charles Gould Morgan
- 8 March 1806: Nathaniel BondNathaniel BondNathaniel Bond, KS, , of Creech Grange in the Isle of Purbeck, Dorset, was an English lawyer and Member of Parliament....
- 4 December 1807: Richard RyderRichard Ryder (19th century politician)Richard Ryder PC was a British Tory politician. He notably served as Home Secretary between 1809 and 1812.-Background:...
- 8 November 1809: Charles Manners-SuttonCharles Manners-Sutton, 1st Viscount CanterburyCharles Manners-Sutton, 1st Viscount Canterbury GCB, PC was a British Tory politician who served as Speaker of the House of Commons from 1817 to 1835.-Background and education:...
- 25 June 1817: Sir John BeckettSir John Beckett, 2nd BaronetSir John Beckett, 2nd Baronet, FRS was a British lawyer and Tory politician.Beckett was the son of Sir John Beckett, 1st Baronet , and his wife Mary, daughter of Christopher Wilson...
- 12 May 1827: James AbercrombyJames Abercromby, 1st Baron DunfermlineJames Abercromby, 1st Baron Dunfermline PC , was a British barrister and Whig politician. He served as Speaker of the House of Commons between 1835 and 1839.-Background and education:...
- 2 February 1828: Sir John Beckett
- 2 December 1830: Sir Robert GrantRobert Grant (MP)Sir Robert Grant GCH was a British lawyer and politician.He was born in India, the son of Charles Grant, chairman of the Directors of the Honourable East India Company, and younger brother of Charles Grant, later Lord Glenelg. Returning home with their father in 1790, the two brothers were entered...
- 7 July 1834: Robert Cutlar FergussonRobert Cutlar FergussonRobert Cutlar Fergusson was a Scottish lawyer and politician. He was 17th Laird of the Dumfriesshire Fergussons, seated at Craigdarroch ....
- 22 December 1834: Sir John Beckett
- 25 April 1835: Robert Cutlar Fergusson
- 6 November 1838: William St Julien ArabinWilliam St Julien ArabinWilliam St Julien Arabin was a British jurist who served as the United Kingdom Judge Advocate General for a three-and-a-half-month period ....
- 21 February 1839: Sir George GreySir George Grey, 2nd BaronetSir George Grey, 2nd Baronet, PC was a British Whig politician. He held office under four Prime Ministers, Lord Melbourne, Lord John Russell, Lord Aberdeen, and Lord Palmerston, and notably served three times as Home Secretary.-Background and education:Grey was the only son of Sir George Grey, 1st...
- 26 June 1841: Richard Lalor SheilRichard Lalor SheilRichard Lalor Sheil , Irish politician, writer and orator, was born at Drumdowney, Slieverue, County Kilkenny, Ireland...
- 14 September 1841: John Iltyd NichollJohn Iltyd NichollJohn Nicholl was a Welsh Member of Parliament and was, for a very short time in 1835, a Lord Commissioner of the Treasury. His father was Sir John Nicholl, who like his son was a judge and politician.-Personal history:...
- 31 January 1846: James Stuart Wortley
- 14 July 1846: Charles BullerCharles BullerCharles Buller , was a British barrister, politician and reformer.-Background and education:Born in Calcutta, British India, Buller was the son of Charles Buller , a member of a well-known Cornish family, and Barbara Isabella Kirkpatrick, daughter of General William Kirkpatrick, considered an...
- 30 December 1847: William Goodenough Hayter
- 26 May 1849: Sir David Dundas
- 28 February 1852: George BankesGeorge BankesGeorge Bankes was the last of the Cursitor Barons of the Exchequer, the office being abolished on his death in 1856.-Early life:Bankes was the third son of Henry Bankes of Kingston Hall, Dorsetshire, who represented Corfe Castle for nearly fifty years, and of Frances, daughter of William Woodley,...
- 30 December 1852: Charles Pelham VilliersCharles Pelham VilliersCharles Pelham Villiers was a British lawyer and politician who sat in the House of Commons from 1835 to 1898, making him the longest-serving Member of Parliament .-Background and education:...
- 13 March 1858: John MowbraySir John Mowbray, 1st BaronetSir John Robert Mowbray, 1st Baronet PC , known as John Cornish until 1847, was a British Conservative politician and long-serving Member of Parliament, eventually serving as Father of the House.-Biography:...
- 24 June 1859: Thomas Emerson HeadlamThomas Emerson HeadlamThomas Emerson Headlam was an English barrister and politician, who became judge advocate-general.Headlam, eldest son of John Headlam, Archdeacon of Richmond and rector of Wycliffe, Yorkshire, who was buried there on 9 May 1853, aged 85, by Maria, daughter of the Rev. Thomas W...
- 12 July 1866: John Mowbray
- 16 December 1868: Sir Colman Michael O'LoghlenSir Colman O'Loghlen, 2nd BaronetSir Colman O'Loghlen, 2nd Baronet was an Irish baronet and politician.O'Loghlen was born in County Clare, Ireland, a son of the distinguished Irish judge Sir Michael O'Loghlen, 1st Baronet....
- 28 December 1870: John Robert DavisonJohn Robert DavisonJohn Robert Davison QC was an English barrister and Liberal politician who sat in the House of Commons from 1868 to 1871....
- 17 May 1871: Sir Robert Joseph PhillimoreRobert Joseph PhillimoreSir Robert Joseph Phillimore, 1st Baronet PC ,was an English judge and politician.Born in Whitehall, he was the third son of Joseph Phillimore, a well-known ecclesiastical lawyer. Educated at Westminster School and Christ Church, Oxford, where a lifelong friendship with W. E...
(held office pending a rearrangement of its duties) - 21 August 1873: Acton Smee AyrtonActon Smee AyrtonActon Smee Ayrton 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 1869 and 1873...
- 7 March 1874: Stephen CaveStephen CaveSir Stephen Cave GCB, PC, FSA, DL, JP 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 1874 and 1875.-Background and education:Born at Clifton, Cave was the...
- 24 November 1875: George Cavendish-BentinckGeorge Cavendish-BentinckGeorge Augustus Frederick Cavendish-Bentinck PC, JP , was a British barrister and Conservative politician. An MP from 1859 to 1891, he served under Benjamin Disraeli as Parliamentary Secretary to the Board of Trade from 1874 to 1875 and as Judge Advocate General from 1875 to 1880.-Background and...
- 7 May 1880: George Osborne MorganGeorge Osborne MorganSir George Osborne Morgan, 1st Baronet PC, QC, was a Welsh lawyer and Liberal politician.Born at Gothenburg, Sweden, he was educated at Friars School, Bangor, Shrewsbury School and Balliol College, Oxford, and was a scholar of Worcester College, Oxford from 1847.He became a barrister of Lincoln's...
- 13 July 1885: William Thackeray MarriottWilliam Thackeray MarriottSir William Thackeray Marriott PC QC , was a British barrister and Liberal and later Conservative politician who sat in the House of Commons from 1880 to 1893....
- 22 February 1886: John William MellorJohn William MellorJohn William Mellor PC DL QC was an English lawyer and Liberal Party politician.Born in London, the eldest of the eight sons of Rt Hon...
- 9 August 1886: William Thackeray Marriott
- 1892–1904: Sir Francis JeuneFrancis Jeune, 1st Baron St HelierFrancis Henry Jeune, 1st Baron St Helier GCB, PC, QC , known as Sir Francis Jeune , was a British judge...
- August 1905 (appointed): Thomas MilvainThomas MilvainThomas Milvain was an English lawyer and Conservative Party politician.Milvain was the son of Henry Milvain of North Elswick Hall, Newcastle-on-Tyne and his wife Jane Davidson. Educated at Durham Grammar School and Trinity Hall, Cambridge, he was called to the bar at Middle Temple in 1869.In 1885...
- 1915–1934: Sir Felix CasselFelix CasselSir Felix Maximilian Schoenbrunn Cassel, 1st Baronet, PC, QC was a British barrister who served as Judge Advocate-General from 1915 to 1934....
- 1934–1955: Colonel Sir Henry MacGreagh
- 1955–1962: Captain Sir Frederick Gentle
- 1963–1968: Wing Commander Sir Oliver BarnettOliver BarnettOliver Wesley Barnett is a former American football defensive lineman in the National Football League who played for the Atlanta Falcons....
- 1968–1972: Wing Commander Brian Duncan
- 1972–1979: Harold Dean Q.C.Harold DeanHarold Dean was an English footballer. His regular position was as a forward. He was born in Hulme, Manchester. He played for Manchester United and Mossley.-External links:*...
- 1979–1984: Major John Morgan-Owen
- 1984–1991: James Stuart-Smith
- 1991–2003: James Rant
- 2004– : Jeff Blackett
Includes material from: Haydn's Book of Dignities, 12th ed. (1894; reprinted 1969)
See also
- Judge Advocate General (disambiguation)
- Judge Advocate of the FleetJudge Advocate of the FleetIn the United Kingdom, the Judge Advocate of Her Majesty's Fleet was a civilian judge who was responsible for the supervision and superintendence of the court martial system in the Royal Navy...
United States
- Judge Advocate General's CorpsJudge Advocate General's CorpsJudge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps...
Canada
- Judge Advocate General (Canada)Judge Advocate General (Canada)The Office of the Judge Advocate General for the Canadian Forces provides legal advice to commanders at bases and wings, provides lawyers who defend accused persons at courts martial, teaches courses to other CF members or advises a commanding officer in an operational theatre to uphold the ethical...