Military Law

Interviews under Caution – Service Police Investigations

The Service Police will interview suspects in much the same way as civilian police. If you are being interviewed under caution, then you are entitled to have a solicitor present at your interview. This is a free service and falls within the Armed Forces Criminal Legal Aid Authority. Everyone is entitled to free and independent legal advice whilst being detained or invited for an interview. Having a solicitor in your interview is not an indication of guilt. It will not be held against you.

If you are being investigated by Service Police, then please call us. If you are already detained, then please ask for us by name and we will attend. The solicitor will meet with the investigator, get disclosure or a summary of the allegation and then have a private consultation with you prior to your interview. It is important to get the right advice as soon as possible. Don’t go alone. It costs nothing to get legal advice at this stage and it could make a huge difference to the outcome of your case.

The Service Police may try to dissuade you from using an independent solicitor from outside the Armed Forces. You do not have to use a lawyer from the RAF, the Royal Navy, or the Army. Our experienced and independent solicitors will guide you through the law and the evidence against you.

If there is sufficient evidence to charge you, the Service Police will then send your case to your Commanding Officer and the Service Prosecuting Authority.

Pickwick Solicitors will travel overseas when and where required to do so.

Summary Hearings and Court Martials

If the Service Prosecuting Authority decide there is sufficient evidence to charge you with an offence, then you will be contacted. At this stage you will be asked to attend a Summary Hearing before your Commanding Officer. At the Summary Hearing the Commanding Officer can determine if you are guilty or not guilty and sentence you accordingly. The maximum sentence at Summary Hearings is 90 days in Military Prison.

If you do not wish for your Commanding Officer to hear the case against you, you can elect a Court Martial.

Summary Appeal Court (SAC)

If you feel there has been a miscarriage of justice and you have been wrongly convicted at the Summary Hearing and/or you feel your sentence is too high, you have the right to appeal to the Summary Appeal Court (SAC). This is very similar to the Magistrates’ Court. At this point you can make an application for Armed Forces Criminal Legal Aid. If you are not eligible i.e. you fail the means test, you can instruct us privately. Our fees are very competitive.

If you did not have a solicitor at your interview, or if you wish to change solicitors you can instruct new solicitors prior to or after your Summary Hearing.

Court Martial

Court martials are very similar to Crown Court proceedings. The sentencing powers are the same as the Crown Court and the Court Martial must adhere to the Sentencing Council Guidelines. Pickwick Solicitors work closely with very experienced barristers. We have used the same barristers for years and find them to be highly skilled and professional and completely independent of the Armed Forces. We work together to ensure our clients have a fair trial with excellent outcomes.

We are a London based firm and therefore very experienced with all types of criminal offences. The Criminal Justice System in London provides a wealth of variety and complexity.

When you instruct Pickwick Solicitors you will always speak to a solicitor and not support staff. We are very approachable and friendly. If you instruct us on a private basis, we offer fixed fee rates or hourly rates. We offer a 20% discount to Service Personnel. We are affiliated to Armed Forces Legal Action.