Ministry Of Defence
Introduction
The MCS works closely with, but is independent of, the Office of the Judge Advocate General, the Service Prosecuting Authority which is equivalent to the Crown Prosecution Service, the Service chains of command, Service and MOD personnel branches, the National Probation Service, the victim and witness services and military court advocates.
Service Court proceedings are publicised over a two week assize period. Military Court listings. All hearings are open to the public in exactly the same way as civilian courts, unless otherwise directed by the presiding judge.
Service Court results are published annually by MCS. Court Martial Results
Further information on the Court Martial, Summary Appeal Court and the Service Civilian Court can be found in the Manual of Service Law JSP 830.
Organisation
The MCS is independent of the Service chains of command and is staffed by civil servants employed by the Ministry of Defence working from both court centres.
To ensure independence, the Director MCS is appointed by the Defence Council as Court Administration Officer (CAO). The CAO has a legislated function to give notice of court proceedings and to specify lay members of the court (equivalent to jury selection). These duties are conducted in accordance with the Armed Forces Act 2006 and related Statutory Instruments. The CAO is a permanent member of both the Service Justice Board and the Service Justice Executive Group.
The Director MCS operates from the Bulford Court Centre supported by a Senior Management Team and a Court Administration Unit. Each Court Centre has a dedicated Court Officer who is directly responsible for the day-to-day management of court proceedings, liaison with the Judiciary and court listings.
Military Court Centres
There are two permanent Military Court Centres in the UK at Bulford, Wiltshire and Catterick, North Yorkshire.
Due to the draw down of British Forces Germany, the permanent court centre at Sennelager has been converted for other use but has been retained as a Court Martial location should one be required. MCS have a Court Martial capability at Episkopi, Cyprus which is due for modernisation in the near future.
The court system is entirely portable, with the ability for MCS to convene trials outside of the MCCs anywhere in the UK or elsewhere. The most recent examples have included Nightingale Courts at Tidworth and Catterick and overseas in Cyprus and Germany. MCS have recently invested in the latest Digital Audio Recording (DAR) technology to meet legal compliance for the recording of proceedings. The capability covers both the four fixed courts and two portable recording equipment sets. The Service Courts have installed the latest Digital Evidential Presentation System and are in the process of procuring technology to support the pre-recording of evidence from victims of serious sexual assault.
Procedure
The Deputy Director MCS oversees the delivery of the MCS assize programme. Cases are listed within assize sessions, held at the Military Court Centres run by MCS staff. However, a particularly lengthy or complex Court Martial or Service Civilian Court case may be listed as a stand-alone outside the assize sessions. Where possible the volume of cases is equally split between both Court Centres.
By default, cases for the RN are held at Bulford, cases for the RAF are held at Catterick and Army cases are divided between both locations. Cases of civilians subject to Service discipline are assigned on a case by case basis.
At the listing phase of case management, the Court officer will work with the resident Judge Advocate to appoint a Judge Advocate to each case.
The MCS aim to list a case for an initial hearing within 28 days after receipt of directional papers from the Service Prosecuting Authority.
Court Martial and Summary Appeal Court Guides
Guides are issued under the authority of the Judge Advocate General and the Director of the Military Court Service jointly as an aid to those who practice in the Service Justice System, and it is to be used in all hearings. Volume 1 provides information about procedure generally and it deals with all types of proceedings in the Court Martial as well as in the Summary Appeal Court. Volume 2 provides information specifically for members of boards.
Apply for a transcript of a Service Court hearing
Service Court hearings are always recorded. You can apply for a transcript of a Service Court hearing. The court can refuse to provide part or all of a transcript (for example, if details of the hearing are confidential).
If you wish to apply for a transcript you may download and fill in a .
Once completed email your application to mcs-group@mod.gov.uk.
Transcripts may attract a financial cost unless you are a party to proceedings.
Open Justice: remote observation of hearings - new powers
From 28 June 2022, courts and tribunals have new powers to allow reporters and other members of the public to observe hearings remotely.
Open justice has been a fundamental principle for centuries. The principle is a broad one, but at its core has always been a right of access to a public hearing. Historically, this has meant access for reporters and other members of the public to the court or other room in which the hearing takes place.
The primary legislation is contained in section 85A of the Courts Act 2003 as inserted by section 198 of the Police, Crime, Sentencing and Courts Act 2022. The regime is implemented by the Remote Observation and Recording (Courts and Tribunals) Regulations 2022. The power is to direct that images or sounds of the proceedings be transmitted electronically. It is to be exercised for the purpose of enabling persons not taking part in the proceedings to watch or listen to them. It is not designed for those taking part in the proceedings.
Any person wishing to make an application to the Military Court Service to request permission for the remote observation of a hearing can do so:
Military Court Service Remote Observation Application
Practice guidance:
Military Court Service Strategic Plan
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