The Army Legal Services is a uniformed all-officer branch of the Adjutant General's Corps consisting of qualified male and female advocates, barristers and solicitors. Only fully qualified lawyers are employed. Working from offices in the United Kingdom and overseas, Legal Officers advise on all aspects of Military, Civil and international Law which may affect every level of the Army. The duties of a Legal Officer are extremely varied and these notes can only give a brief description of the work and
conditions of service.
The role of the AGC(ALS) is to provide the Army with legal support both in peacetime and on military operations. The role of the AGC(ALS) can be broken down into eight main responsibilities these are: providing expert advice on matters of military law, the law relating to military assistance to civil authorities and international law applicable to Armed Forces; providing officers to prosecute and defend where required before courts-martial, standing civilian courts and other types of military court, and to take summaries of evidence; the editing, revision and production of manuals and other training aids, and the training of the Army as a whole to the extent required under current policy, in those areas of the law referred to above; the drafting of subordinate legislation and other regulations and orders relating to the Army; acting on behalf of the Army Board in the defence of appeals to the Courts-Martial Appeal Court and the House of Lords; the provision of legal advice and practical assistance to service personnel and their families regarding their personal legal problems where no other source of help is readily available, including appearance on their behalf in certain courts overseas; providing advice to suspects as required by the Police and Criminal Evidence Act 1986.
Military Law
Legal Officers advise regimental officers and commanders at all levels on evidence, the drafting of charges and the preparation of cases for trial by court-martial, and on general legal questions arising from Military Law. They also advise on other legislation, including questions concerning the exercise of military jurisdiction overseas. In addition to giving advice, they take summaries of evidence (the equivalent of depositions) in serious cases, and prosecute at courts-martial where the accused is normally represented by a civilian lawyer.
The Army has jurisdiction to try a wide variety of cases under English criminal law both in the United Kingdom and overseas. Legal Officers need, therefore, a comprehensive knowledge of criminal law and the law of evidence in addition to Military Law. They appear as advocates against civilian lawyers from both branches of the legal profession, including leading counsel.
Legal Officers instruct regimental officers and others in Military Law and the law of armed conflict by means of lectures and the preparation of training aids. They are also involved in more specialised work involving courts-martial appeals, Service legislation, war crimes and the editing of the Manuals of Military Law.
Civil Law
As with any community, soldiers and their families sometimes need professional help in connection with a wide range of personal legal problems. That is why an important part of the work of a Legal Officer involves giving legal advice and assistance, particularly overseas where no other source of help is readily available. Legal problems could include matrimonial and family matters, traffic accident and personal injury claims, hire purchase and consumer legal matters generally. In all these matters, and many more, Legal Officers conduct correspondence and negotiate on behalf of soldiers and their dependants. When the Army is serving overseas, many problems that arise are governed by local law, and this means that Legal Officers acquire a useful knowledge of foreign civil and criminal law. They also have the right of audience in some courts overseas and can represent Servicemen charged with criminal offences before those local courts.
Operational Law
Legal Officers are extensively involved in giving advice on the legal aspects of military operations worldwide. A modern army must be legally aware not only in terms of domestic law, but in foreign and international legislation as well. All army commanders, at every level, have access to advice from Army Legal Services and this commitment is increasing all the time.
A court martial in the Gulf.
