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The Law and Legal System - Task 2: Prepare a report explaining with appropriate examples how civil and military lw affect the armed forces personnel. Remember to include information about the legislations, punishments and legal procedures.

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Introduction

The Law and Legal System - Task 2: Prepare a report explaining with appropriate examples how civil and military lw affect the armed forces personnel. Remember to include information about the legislations, punishments and legal procedures. Before I start this report please note, when I refer to the armed forces, I am talking about the Army, the Royal Air Force and the Royal Navy. Whether you are a house wife or a solicitor, you will always follow the British civil law. For people of the armed forces, they must also follow the civil laws but they will always have to follow military law too. Some soldiers, who are sent to other countries such as Iraq and also bound by the civil laws of Iraq, it is because of this that can affect the way in which the armed forces work together. The Military Law. This is based on three different legislations: 1. The Army Act 1955 2. The Air Force Act 1955 3. The Naval Act 1957 There is another act known as The Armed Forces Act 2001 but this only provides the background information for the ones above. ...read more.

Middle

The DCM cannot hold trials for officers and a maximum sentence they can give is a 2 year period in a military prison. A General Court Martial (GCM). This consists of being interviewed and interrogated by 5 independent officers, and the trial is lead by a Colonel or a Brigadier with a Judge Advocate. Because this court deals with higher ranks, the courts officers are of a higher ranking than a DCM court. The GCM will only hold trials for officers and can apply the maximum sentences in law for both civilian and criminal offences. For example, if you were to commit a murder and get sentenced to life imprisonment, the GCM could apply this to a soldier in the armed forces but instead of being in a civilian prison, you will be in a military prison. Wherever it is possible all three services will follow the English Legal System, however, because there is a base in Germany, soldiers based there must follow the German Legal System as well as the Military laws. There have been a few recent changes to the laws in which I mentioned at the beginning of this report but as a reminder they are listed again below: * The Army Act ...read more.

Conclusion

If the defendant pleads not guilty, the prosecution will offer their case, which is then followed by the defence team offering their case. The magistrate will then give a verdict. If the defendant is found not guilty, they are free to leave, however, if found guilty, the clerk will advise the magistrate the sort of sentencing and the magistrate will then give a sentence. With anything in life, there are always advantages and disadvantages, and magistracy is no different. Below, I have given some examples of advantages and disadvantages. Advantages of magistracy. * It is cost effective because there is no huge salary to pay out. * It will appear fairer to the public because it uses people taken off the streets to give a non biased verdict. * With a sitting of three people, it will help to give a balanced and non biased decision. * Magistrates tend to have a local knowledge and better understanding of the local area. Disadvantages of magistracy. * The magistrates could have a biased view towards the police. * There may be an inconsistency between the benches. * Because the cases are not heard in detail, it may be possible for defendant's team to leave out vital information. ?? ?? ?? ?? The law and legal system, task 2 Marcia Brown Page 1 of 7 ...read more.

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