British Military Discipline and Service Law Quiz

Answer: The Manual of Service Law

The Manual of Service Law is an impressive tome, consisting of three volumes. Volume one provides a general overview of the military justice system and also provides guidance for commanders and other decision makers on a multitude of subjects such as arrest, investigation, hearings and custody. Volume two concentrates on providing a framework for proceedings such as Courts-Martial, those service courts that deal with offences committed by civilian staffs that fall within the sphere of military jurisdiction, courts of appeal and for the legal staff and advisers that operate within them. Volume three gives details of the Service Law Act itself, secondary and allied legislation and other materials that will be of use to legal professionals.

Answer: 1955

Service law is usually reviewed on the death of a monarch, just as it was when Queen Elizabeth II's father, King George VI, died in 1952. The previous act, and the one under which I was subject to during my service, was titled 'The Army Act 1955' and was not insignificantly different to that which was in effect 50 years later.

The modern act, which has taken into consideration the human rights legislation of the last two decades, now provides rules for the governing of the testing of soldiers for alcohol and substance abuse, for the rights of members of ethnic minorities in the services, for the use and abuse of modern forms of communication and for the protection of children... offences paid mere lip service, or not covered at all, under the 1955 act.

Answer: Both the House of Commons and the House of Lords

Aspects of service law, like many within civil law, are being constantly reviewed and amended by both houses of parliament; it is this that keeps it flexible and allows it to respond relatively quickly to social change and to events elsewhere in the world that may have an impact on it. During the period known as the 'Troubles' in Ulster, there were temporary acts in force, the 'Emergency Powers Acts'; these were renewed annually and given a root and branch review every 5 years where more radical changes were made.

Answer: Yes

Yes, in this case you are certainly subject to both military law and to the civil law of the country in which you are temporarily resident. If, however, you had been visiting your relative but staying in a hotel, guest house or other holiday complex not contained within, or connected to, your uncle's station, you would only be subject to the civil law of that country. Under the Service Law Act 2006, the fact that you are residing within a 'designated area', in this case your relative's quarter and the garrison, you have, maybe unwittingly, subjected yourself to service law. Like many legal systems across the world, ignorance is no defence.

As a visitor you are more likely to be dealt with under local jurisdiction as the military may decide to remain uninvolved.

Unfortunately, your behaviour may well reflect badly on your relative and you might find further invitations to visit not forthcoming!

Answer: Extras

Extras can vary depending on a soldiers rank but more often than not will consist of additional guard duties or weekend duties assisting the chefs in the canteen with menial tasks such as washing countless trays and oven utensils or preparing vast quantities of vegetables; the 'spud-bashing' of military legend. SNCOs and junior officers guilty of committing minor offences within their own messes and out of sight of the rank and file would, invariably, receive extra duties such as BOS (Battalion Orderly Sergeant) or BOO (Battalion Orderly Officer).

It was always incredibly easy to identify those senior ranks that had misbehaved at a mess dinner as they'd be present at guard mount every day for a fortnight!

Answer: The Glasshouse

Soldiers, sailors and airmen that commit more serious offences, offences that would be dealt with by courts-martial may find themselves staying at this most unusual 'hotel'! The primary aim of the 'MCTC' or 'Glasshouse' is much like that of any civil prison with punishment being just a part of its remit. From the moment the 'soldier under sentence' or 'SUS' arrives at the MCTC the emphasis is on military training.

This training takes the soldier right back to basics; as if he or she were starting their basic training all over again. Because the emphasis at the MCTC is on intensive training, it is not uncommon for service personnel who have spent time in the 'Glasshouse' to return to their units and find themselves promoted somewhat more quickly than they might otherwise expect to be as they have become more effective soldiers.

Answer: True

Quite often, a soldier being punished for committing a minor offence will find himself being awarded various periods on 'Restriction of Privileges' in preference to being given a monetary fine. I had served under many company commanders who would award 'Restrictions' as many believed it was counter-productive to deny a soldier his pay; this may sound like a better deal but what a nightmare! An award of 'Restrictions' resulted in having to parade at the Guardroom at 6am to work on menial tasks before breakfast.

The soldier would then be required to parade again at midday and immediately at the end of the working day for further tasks. After dinner you could expect another two hours of work before retiring to your accommodation to prepare for 'Staff Parade', again at the Guardroom, at 10pm.

This parade requires the soldier to attend in full parade dress with his complete 'fighting order', less weapon and ammunition. He would be inspected in great detail and any discrepancies could result in further days of punishment.

It was not unusual for the Battalion Orderly Officer, or in his absence, the Battalion Orderly Sergeant, to instigate a 'Changing Parade' in which the soldier would be given a set amount of time to quickly return to his accommodation and represent himself at the Guardroom in another form of dress; this would often be a quick change from full parade dress into PT kit in less than five minutes. The penalty for non-compliance? You guessed correctly; more often than not the offender would receive further days of punishment!

Answer: His belt and his headdress

A soldier that has committed an offence has bought his section, platoon, company or unit into disrepute. When appearing in front of his immediate senior commander for punishment he is deemed as not being 'fit' to wear his regimental headdress and, as many units wore a colourful stable belt which identified their unit, they were also prevented from wearing this.

As the wearing of jewellery whilst in uniform is not permitted by males, with the exception of a wedding ring, it would be a brave man indeed who would turn up on 'orders' wearing anything like an ear-ring!

Answer: Monkeys

Commonly referred to as 'Redcaps', the Royal Military Police equivalent of the civil police service 'CID' is known as the 'SIB', or 'Special Investigations Branch'. Soldiers have always had a penchant for using less than polite nicknames for those outside their own units and the 'SIB' are no exception to this; being commonly referred to by the not-so-pleasant soubriquet of... No, I shall leave that to your imaginations but if you really must know you could always ask me via a personal message!

Answer: All of these are subject

There are a surprising number of non-service personnel that are subject to service law; clearly, any civilian working for the services whether at home or overseas, who commits an offence and is later arrested will fall under the umbrella of service law.

There are some locations overseas in which this may be far preferable to the local jurisdiction! Civilians who are not subject to service law will become so the moment that they set foot on board a Royal Navy vessel or a military aircraft but only if both are either afloat or in the air.

This would mean that a civilian on board a vessel in dry dock is not subject to service law but once afloat they would be; likewise a technician on board an aircraft taxiing across any airfield would not be subject to service law but would be immediately the aircraft left the ground. Crown servants serving in support of the forces, in Afghanistan for example, are subject to service law as soon as they arrive in a 'designated' area... An example of a designated area might be Camp Bastion, Helmand. I often wonder whether those MP's who pay flying visits to the troops there appreciate the fact! Civilians who are not British nationals are not subject to service law irrespective of whether they are serving or working for the armed services within a designated area, on board a Royal Navy vessel or within a military aircraft.