Summary Hearing Solicitor

Summary Hearing Solicitor.....

When serving in the Armed Forces, you may be subject to a Summary Hearing. They may often be nerve wracking, and it is important that you seek legal advice to prevent potential damage to your career.

At Reeds Solicitors, we have experience dealing with Summary Hearings. Our expert team of Military Law lawyers are practiced in defending those accused of offences.

If you are facing a Summary Hearing, our expert team are on hand to help. We can provide specialist legal advice before or after a Summary Hearing. Our Summary Hearing lawyers can also attend to represent you in the hearing and provide submissions to the CO on your behalf.

Our team work tirelessly to ensure that you get the best possible result. Get in touch by calling 0333 240 7373. Alternatively, email us at info@reeds.co.uk.

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How We Can Help

We are one of a select few law firms that have specialist knowledge and skills concerning military law. We also provide legal advice and representation to police officers facing criminal and misconduct proceedings. We know the law concerning these types of matters inside out and you can be confident that we will manage your case strategically and build a vigorous defence.

Military and police discipline investigations and criminal prosecutions can have a devastating effect on your family and other personal relationships. You may also feel sidelined and isolated at work. We will fight tenaciously to defend you; you can trust that we will listen to your side of the story with compassion and sensitivity.

We have senior practitioners with a wealth of experience in successfully defending members of the Armed Forces charged with a variety of serious offences in Court Martial proceedings.

Our Police and Military Lawyers handle a wide range of legal matters, including but not limited to breach of professional standards, police criminal and misconduct proceedings (including the use of a firearm and instances where a person has been killed by an officer), misconduct in military operations, drug possession and supply, sexual offences, and more. No matter how complex your case, we have the expertise to provide robust legal advice and representation.

Our understanding of the culture and lifestyle associated with police and military life ensures that our legal advice is tailored to you. It also helps us create persuasive legal arguments and strategically plan and prepare for investigations and court proceedings.

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FAQ

The purpose of a Summary Hearing is to deal with less serious matters in an efficient manner. Your Commanding Officer (CO) will typically lead the procedure and if the outcome is negative, you may face a Court Martial.

A Summary Hearing may be conducted by the CO if the offence is not of a serious nature and the accused is of, or under, the rank of:

    • Commander (Navy)

    • Lieutenant Colonel (Army/Royal Marines)

    • Wing Commander (Royal Air Force)

The accused has the choice between a Summary Hearing or a Court Martial. At both, you are entitled to legal representation. You are only entitled to legal aid, granted by the Armed Forces Legal Aid, if you are subject to Court Martial Proceedings. This means that if you want to instruct a lawyer for a Summary Hearing you must fund this privately.

The main differences between the a Court Martial and a Summary Hearing are the severity of the offence(s) and the people involved. In a Summary Hearing, usually the Commanding Officer manages the case and there is no board.

For a Court Martial, the court is ran by a Judge Advocate. There is also a board of officers that deal with the case, akin to a jury in the Crown Court.

The punishments between the two also differ. To find out more about the powers of a Court Martial, click here.

Your Commanding Officer will hear all of the evidence of the charge and, ultimately, decide the outcome. Depending on the severity of the offence, the case can result in different outcomes. The Commanding Officer may decide to escalate the case to a Court Martial if necessary.

If you are accused of more than one charge, you may still only attend one Summary Hearing if both charges are part of the same situation or of a similar nature.

You may also wish to invite witnesses to hearing to give evidence as a part of your case.

The most serious offences in the military will be dealt with at the Court Martial. Below is an example of some of the offences that a Commanding Officer at a Summary Hearing may handle.

    • Insubordination

    • Malingering

    • Absent without leave (AWOL)

    • Theft

    • Assault

    • Criminal Damage

    • Careless Driving

    • Ill-treatment of subordinates

    • Offences concerning sentries

    • Disobedience to Standing Order

    • Resisting arrest

    • Losing or stealing clothing, arms, ammunition, or equipment

This is not a comprehensive list of offences dealt with at a Summary Hearing. If you are facing a Summary Hearing, contact a Summary Hearing solicitor.

Yes. If you would like to appeal your Summary Hearing it is vital that you contact a member of our team today.

You can appeal either the sentence or conviction if you feel that the process or outcome was unjust or inaccurate.

Our expert team of Military Law solicitors are able to help with the appeal process to get you the best possible outcome.

f your Commanding Officer finds you guilty, they may escalate the case to the Court Martial or decide on the outcome themselves.

The possible outcomes vary slightly between branches of the Armed Forces. The main punishments a CO might give are:

    • Loss of seniority (for officers)

    • A reduction in rank (for a non-commissioned officer or warrant officer)

    • Detention in a Military Correct Training Centre for up to 28 days (or 90 days for serious cases)

    • Detention in a unit guardhouse

    • Extra work or drills

    • Withdrawal of leave

    • A fine that amounts up to 28 days pay

A negative Summary Hearing can affect your future career in the Armed Forces. It is important that you contact a lawyer to help you with this process.

Your Commanding Officer should take into account several factors. Including the severity of the matter and the evidence. There are a few mitigating factors which may reduce the outcome. These include:

    • Admitting the offence

    • Your age (if you are under 21)

    • Whether you have co-operated substantially with investigators

    • Your experience in the Armed Forces

    • Whether you have had any previous convictions or anything recorded on your Service Record

    • Whether there are any health issues to consider

    • The length of time proceedings have taken

Factors that may lead to a harsher outcome are:

    • Previous convictions

    • Unlawful prejudice (such as race, religion, ethnicity, sex, gender, sexual orientation, disability, age etc.)

    • The complainant was vulnerable

    • Your offence was premeditated

    • There has been a breach of trust

    • You are an experienced service person or have substantial responsibility

    • Alcohol was involved

    • If you committed the crime in uniform

    • It was an operational environment

    • It was a group offence

    • It was a gratuitous offence

    • In public

    • Effect on Service discipline

    • It is a repeat offence or related to any previous convictions

If you are facing a Summary Hearing, contact us immediately by calling 0333 240 7373. Alternatively, email us at info

There are several advantages to a Summary Hearing over a Court Martial. These include:

    • Potentially ending the matter at an early stage

    • The commanding officer may find that there is no wrongdoing bringing proceedings to a conclusion very quickly

    • The Summary Hearing is usually listed very quickly, meaning that the matter is dealt with more efficiently

    • There are limited disposal options available for the CO at a Summary Hearing

There are also disadvantages to a Summary Hearing aside from potential damage to your career. Some disadvantages are:

    • There is no board listening to the evidence and therefore a CO may have a biased view of the case when deciding the outcome

    • It is not unusual to have oral evidence meaning the written evidence is considered and can be misinterpreted

    • There is no legal aid available, meaning any assistance requires privately funded instruction