Judge Advocate General of the Armed Forces
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 Chancellor. 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 practised 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/her recommendation.
The Judge Advocate General was formerly the legal adviser of the Armed Forces, a role that 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 law.
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. 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 an Accused'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.
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 Gazette notices of the appointment.
- January 1666: Samuel Barrowe
- 1684: George Clarke
- 1705: Thomas Byde
- 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
- 22 December 1834: Sir John Beckett
- 25 April 1835: Robert Cutlar Fergusson
- 6 November 1838: William St Julien Arabin
- 21 February 1839: Sir George Grey
- 26 June 1841: Richard Lalor Sheil
- 14 September 1841: John Iltyd Nicholl
- 31 January 1846: James Stuart Wortley
- 14 July 1846: Charles Buller
- 30 December 1847: William Goodenough Hayter
- 26 May 1849: Sir David Dundas
- 28 February 1852: George Bankes
- 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
- 7 March 1874: Stephen Cave
- 24 November 1875: George Cavendish-Bentinck
- 7 May 1880: George Osborne Morgan
- 13 July 1885: William Thackeray Marriott
- 22 February 1886: John William Mellor
- 9 August 1886: William Thackeray Marriott
- 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[link currently leads to a wrong person]
- 1 April 1968: Wing Commander Brian Duncan
- 1 August 1972: Harold Dean[link currently leads to a wrong person]
- 1 August 1979: Major John Morgan-Owen
- 24 August 1984: James Stuart-Smith
- 1 February 1991: James Rant (died)
- 1 November 2004: Jeff Blackett
Includes material from: Haydn's Book of Dignities, 12th ed. (1894; reprinted 1969)
- Judge Advocate General
- Judge Advocate of the Fleet
- Judge Advocate General's Corps (United States)
- Judge Advocate General (Canada)
- Courts-Martial (Appeals) Act 1951, s.31
- "Increasing Diversity in the Judiciry". Department for Constitutional Affairs. October 2004. Retrieved 2008-03-05.
- "Explanatory Notes to Tribunals, Courts And Enforcement Act 2007". Office of Public Service Information. 2007. Retrieved 2008-03-05.
- Tribunals, Courts and Enforcement Act 2007, s.50/ Sch.10, Pt.1
- "Military". Judiciary of England and Wales. 2011. Retrieved 2011-04-11.
- Courts-Martial (Appeals) Act 1951, s.31(d)-(e)
- The London Gazette: . 17 November 1916.
- The Judge Advocate General (Ministry of Justice website)
- Military Jurisdiction - the Judge Advocate General (Judiciary website)
- Military Court Service (Ministry of Defence)[dead link]