The Military Mutual

Legal Defence Services

Court Martial

Who can apply?

All serving and former members (regular and reserve) in the Royal Navy, the Royal Marines, the British Army and the Royal Air Force.

What sort of charge?

An incident occurring on or after 7 April 2014 anywhere in the world which leads to a charge or an appeal under the Armed Forces Act 2006 brought before the:

Summary Appeal Court
Court Martial
Court Martial Appeal Court
Supreme Court
If the Board agrees, any other Court or Tribunal in the United Kingdom

What services can we provide?

A 24/7 legal services helpline
Advice and assistance from an experienced lawyer including attendance at an initial interview under caution
Collecting evidence
Obtaining relevant information from the appropriate authority
Obtaining a legal opinion on the merits of the defence or appeal
Preparing representations to defend the charge
Securing the attendance of witnesses needed to defend the charge
Preparing for hearing
Legal representation at the hearing
Appealing against sentence, conviction or judgment

The provision of free legal defence services, the payment of any AFCLAS legal aid contribution and any payment of costs of attendance by family members at any hearing or appeal are in the sole and absolute discretion of our Board of Directors.

Legal aid

We may ask you to apply to the Armed Forces Criminal Legal Aid Authority (AFCLAA) to fund your defence. If you are granted legal aid, we will pay the amount of the contribution you may have to make under AFCLAS and you will ask AFCLAA to appoint a lawyer from the Mutual’s panel. If you are acquitted and your contribution is repaid, you must pay it back to us.

Your obligations

You must telephone us as soon as you become aware that an investigation is to take place. If we agree to help you, we will ask you to sign an agreement with us which confirms what we will do for you and explains your duties. If you do not fulfil your part of the agreement we may withdraw our assistance. At all times, you will be expected to co-operate fully with us and your legal representatives.

What do the services cover?

These services are designed to cover more serious matters and unless our Board of Directors, in its absolute discretion, agrees otherwise, we will not provide legal defence services or pay any AFCLAS legal aid contribution or family attendance costs for

any charge arising out of the use of alcohol or the use, possession or supply of illicit substances
the costs of bringing any action, claim or counterclaim against the Crown, the Ministry of Defence, any Minister or other employee of the Crown or any other member or former member of the Armed Forces
defamation claims
any charges made in relation to an incident or event that occurred before 7 April 2014

We will not pay any fines, penalties or damages.

Problems

If you have any problems at all with the services, you should telephone or email us and we will do our best to sort out any issues straight away.

Please call us to discuss the circumstances in which you can apply to us for assistance. Call our team on 0800 080 3121 (freephone) Overseas: +44 20 3327 8600

Commanders’ Protection

Who can apply?

Any person of any rank who is in a position of command and who is or may be sued in the United Kingdom Courts for negligent acts and or omissions made in the course of his or her military duties.