Page 27 - AGC-Journal-2016
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AGC JOURNAL 2016




                                                Jinja, Uganda and the Defence Academy   the implementation of a new case
                                                in Khartoum, Sudan. Officers have also   management procedure for Court Martial
                                                deployed to Tajikistan; South Korea;   cases called ‘Better Case Management’
                                                Canada and the USA (amongst others) on   which involves the service police
                                                various training missions.            investigating and referring cases to
                                                                                      ourselves with less evidence at an earlier
                                                The majority of our officers attended the   stage upon which we must then make
                                                International Society for Military Law   charging decisions within a much shorter
         Major General Mike Conway and Major General Susan Ridge  and the Law of War conference at Exeter   time frames. Better Case Management
                                                University, which included presentations   is designed to reduce unnecessary
                                                by Army Legal Services and other military   delay and is fully supported by the
          Women in Ground Close Combat review,   officers, academics and leading experts on   Service Prosecutions Authority and a
          which culminated in the Secretary of   a variety of topical areas.          comprehensive training package has
          State’s decision to lift the exclusion of                                   been delivered to all our staff with large
          women from Infantry and Armoured      Service Prosecutions                  numbers of Service Police and Royal Navy
          cap badge roles. At the same time, they                                     and Royal Air Force Legal Officers also
          have supported reviews on other policies   During 2016 the Service Prosecutions   participating.
          upholding Diversity and Inclusion such as   Authority has faced three principal
          for Transgender personnel. Work to assist   issues. Firstly, in line with the civilian   Finally, in line with the Ministry of Defence
          the Army to maintain its health and safety   criminal justice system, we continue to   approach across defence, we have also
          obligations are a constant, as is advising   see a significant rise in the number of   been required to adopt civilianisation
          on the design of the Flexible Employment   serious and complex historical child abuse   measures which amount to 32% of legal
          Structures for the medium-term future.   allegations dating back to the 1970s;   staff which has resulted in the loss of
          For the Army Reserves, extensive work   many of which arose in Germany and   eight Army Legal Services posts including
          has gone into the drafting of the codified   other overseas locations. These serious   the Deputy Director. Notwithstanding
          Reserve Land Forces Regulations, which   cases are complex and time consuming,   these challenges, morale remains very
          are just about to begin their journey   with significant evidential challenges, due   high amongst our Officers who relish
          through Parliament.                   to the passage of time and the foreign   the opportunity to conduct high level
                                                jurisdictions involved as well as vulnerable   advocacy in the Court Martial and, on
                                                                                      attachment with the Criminal Prosecution
          Operational Law                       complainants and accused, who often   Service, to gain additional civilian
                                                have left the Armed Forces many years   advocacy qualifications known as ‘Higher
          Advice on operational law is provided   ago.                                Rights’ as well as finding time to regularly
          within the context of technological                                         attend adventure training and to play
          advances and dynamic pressures; where   In addition, within the Service     representative sport.
          the operational environment evolves and   Justice System, we have recently seen
          adapts to hybrid and ambiguous warfare
          and new technologies (cyber, autonomy,
          artificial intelligence etc) all play an
          increasing role. Developing branches of
          law (such as international and domestic
          human rights laws, laws protecting
          the natural environment and refugee
          law) have the capacity to impact on
          operational law to varying degrees and we
          are required to provide straight-forward,
          comprehensive advice to the chain-of-
          command within this complex, changing
          space.

          Over the last year, we have supported
          major exercises both at home and overseas
          which has involved working with other
          nations and with US forces. This has
          helped advance mutual understanding
          and interoperability, key strategic aims
          under the Defence Tasks for defence
          engagement and activity.                                                  ‘Asante_Sana’ Legal lessons in Uganda. The legal team (from
                                                                                    left to right): Captain Will Thackery, Captain Laura Fearnfield
          We have also focussed on defence                                          and Captain Suzanne Appleman (MJD)
          engagement, providing teams of lawyers
          to support the Legal Training Centre in




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