The Military Court Service

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.

From January 2023, Service Court results are now published annuallyon bya MCS. monthly basis. Work continues to complete a full set of results for 2022. 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.

Latest COVID messaging from the Military Court Service

• People with symptoms of a respiratory infection, including COVID-19, and a high temperature or those who do not feel well enough to go to work or carry out normal activities should stay at home and avoid contact with other people.

• Anyone with a positive COVID-19 test result are advised to try to stay at home and avoid contact with other people for five days, which is when they are most infectious.

If you have a high temperature or do not feel well enough to attend a hearing, contact the court immediately. The court will consider alternative arrangements and individual requests on a case by case basis.

If you’re at higher risk from COVID-19 and need to attend a hearing, contact the court to let them know so we can keep you safe.

Bulford Military Court Centre - Email: mcs-bul-groupmailbox@mod.gov.uk

Catterick Military Court Centre - Email: cmc-groupmailbox@mod.gov.uk

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.

Court Martial and Summary Appeal Court Guide Vol 1 - Feb 2023 (PDF, 243 KB, 14 pages)

Court Martial and Summary Appeal Court Guide Vol 12 - Feb 2023 (PDF, 283 KB, 16 pages)

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 Transcript request form (MS Word Document, 50.6 KB).

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: Open justice: remote observation of hearings - new powers (PDF, 213 KB, 6 pages)

Military Court Service Strategic Plan

The MCS’s primary role is to deliver a criminal court service for the Royal Navy, Army and Royal Air Force and in so doing, works to protect and advance the principles of justice with people’s needs and expectations at its heart.

The Service Justice System is an essential public service, relied upon by hundreds of victims and families (subject to either Service law or Service discipline), across our country and elsewhere to deliver justice outcomes that matter to them.

The decision to have a tri-Service court service with the associated ongoing support mechanisms further underlines the need to ensure the MCS has an established, integrated, and coherent strategy that will both deliver the required outputs and collaborative working arrangements.

These steps will allow the organisation to modernise, where necessary mobilise, and transform itself to be fit for purpose for the future challenges in the administration of Service Justice.

The MCS must ensure collaborative alignment with all other areas of the Service Justice System. The delivery and management of the MCS strategy seeks to create a culture of continuous service improvement and modernise court processes. The plan calls for the MCS to embrace new ways of working with technology-based systems that focus on enhancing efficiency, reducing duplicity and bureaucracy, and having platforms that directly link with partners and stakeholders to deliver a fully integrated digital case management system.

This MCS Strategic Plan is designed to highlight the relevant objectives, goals, challenges, and associated programmes across the MCS that will contribute to the continuous improvement of the organisation, its structure, processes, and culture. The integrated elements of the MCS strategy will seek to deliver core business improvement aims, develop people, invest in infrastructure, and create a vision for how the MCS will operate in the years to come.

Vision

To provide high quality services to manage the journey of the victim, witness, and defendant through the court process of the Service Justice System.

MCS will deliver this by providing a truly Independent and Impartial service.

The MCS’s key objectives are:

• Promotion of modern, fair, effective, and efficient administration of the Service Justice System.
• Achievement of best value for money.
• Continuous improvement of performance and efficiency across all aspects of the military courts’ work.
• Collaboration with the full range of Service Justice System stakeholders to improve the service provided to all those required to participate in court proceedings.
• Creation of greater confidence in, and respect for, the Service Justice System.
• Achievement of excellence as an employer.

Principal tasks

The Military Court Service is to:

• Co-ordinate, administer and provide support to all court proceedings notified by the Court Administration Officer.
• Specify such members of courts as required by law.
• Maintain a detailed and secure statistical, budgetary, and documentary record of all relevant activities.
• Support as necessary the work of the Service Justice Board and Service Justice Executive Group, which were created to write and implement policy with the aim of directing service justice in the future.
• Seek to encourage awareness of, and confidence in, the Service Justice System within the services, Ministry of Defence and wider public.
• Contribute as appropriate to the internal and external training of Service and civilian personnel involved with the Service Justice System.

The MCS strategy can be expressed by mapping three areas of focus: people, systems and processes, and buildings against those things that we know people want and need when they come into contact with the service courts.

1. The right number of trained people in whom we invest properly, and whose outstanding commitment we value and build on.

• Strive to retain and deploy our expertise so that we can run a high quality service for our users and drive transformational change.

2. Modern systems and processes, underpinned with the latest technology

• Manage performance across both court centres and respond quickly to address any performance dips.
• Roll out and deliver improved technology based systems and new ways of working in both court centres.
• Increase the capacity and capability of the courts whilst delivering an improved service for users.

3. Maintain and develop our buildings and settings to suit our new ways of working and security requirements

• Make visible and tangible improvements to court buildings by improving the way we deliver day to day maintenance, deliver enhanced security, and support our IT applications through our facilities contracts.

Contact details

Court Administration Unit
Email: mcs-group@mod.gov.uk

Bulford Military Court Centre
Email: mcs-bul-groupmailbox@mod.gov.uk

Click here to navigate to the Bulford MCC public entrance

Catterick Military Court Centre
Email: cmc-groupmailbox@mod.gov.uk

Click here to navigate to the Catterick MCC public entrance

Court Martial Report Service
Email: mcs-cmrs-group@mod.gov.uk

Related information

• Military Court listings
• Court Martial Results
• Military Court Centres
• Office of the Judge Advocate General
• Armed Forces Act 2006
• Armed Forces Act 2021
• Manual of Service Law JSP 830