Article I: Purpose

A.      To establish guidelines with which the Britannian Armed Forces (B.A.F.) may Court Martial military personnel for offenses committed during Active Military Service.

1.         Active Military Service is defined as any period of time during combat deployment or maneuvers, training exercises, guard duty, or ceremonial functions.

2.       Military personnel is defined as any being belonging to any branch of the Britannian Armed Forces whether enlisted or an officer; henceforth called a B.A.F. soldier.

B.      To define the scope of offenses with which a suspect may be charged.

C.      To outline how a suspect may be Court Martialed for the offense with which he or she is accused.

D.      To define the scope of sentencing available to a Military Tribunal during Courts Martial.

Article II: Offenses

A.      A B.A.F. soldier may be Court Martialed for any offense outlined in the Codex of Britannian committed during the course of Active Military Service.

B.      A B.A.F. soldier may be Court Martialed for an infraction of the Military Code of Conduct outlined in Article IV of the Charter of the Britannian Armed Forces, or the Rules of Engagement to which each B.A.F. soldier must adhere.

C.      A B.A.F. soldier may also be Court Martialed due to specific offenses as outlined:

1.       Insubordination: The act of a subordinate deliberately disobeying a lawful order. Refusing to perform an action that is not ethical or legal is not insubordination. Refusing to perform an action that is not within the scope of authority of the person issuing the order is not insubordination.

2.         Dereliction of Duty: An act where one willfully, through negligence or culpable inefficiency, fails to perform one's expected duties. 

a.       Desertion: The abandonment of a duty or post without permission from the High Council or one's superior officer.

b.      Capitulation: The act of surrendering to an enemy against the direct orders of the High Council or one's superior officer.

3.       Espionage: The act of willfully divulging State or Military secrets to an unauthorized third party regardless of their friend or for status.

4.       Sabotage: Any act of subversion, obstruction, disruption, and/or destruction of Military or State property designed to hinder normal military or governmental processes.

5.       War Crimes: Violations of the laws or customs of war (RoE), including but not limited to murder, the ill-treatment/torture or deportation of civilian residents of an occupied territory (other than a sanctioned or emergency evacuation), the murder or ill-treatment/torture of prisoners of war, the killing of hostages, the wanton destruction of cities, towns and villages, and any devastation not justified by military necessity.

a.       War Crimes charges may be leveled against the superior officers of the accused if they aided or abetted the act, willfully ignored the act, or participated in obfuscating the act.

Article III: Courts Martial

A.      Courts Martial may convene if a B.A.F. soldier is accused of committing an offense during active military service as defined in Article I, section A, subsections 1 and 2.

1.       A court martial should be filed with the High Court no more than one year after the alleged offense(s).

2.       A Military Tribunal is given judicial authority under Article VII of the Charter of the High Court of Britannia.

3.       The Military Presidium may turn Courts Martial proceedings over to the High Court for prosecution if Justice would be better served.

4.       A court martial supersedes any civilian criminal proceedings; however, a non-criminal civil case may be filed by citizens against a court martialed B.A.F. soldier with High Court approval.

5.       Courts martial follow the same standard of evidence as an equivalent civilian case, and the defendant is afforded standard Britannian Rights as described in Article XVIII of the Royal Constitution of the Kingdom of Britannia.

B.      The Military Tribunal which presides over a Court Martial must consist of three Branch Field Marshals or Officers who meet the following criteria:

1.       Are not the accused’s direct commanding officer.

2.       Are not of a Branch for which the accused has been charged with committing an offense against.

3.       Is not a witness to the offense for which the accused has been charged.

C.      The counsel for the prosecution must be a Branch Officer within the B.A.F. and follow the same criteria outlined in Article III, section B, subsections 1-3.

D.      The accused, here known as the defendant, may supply his or her own counsel, either military or civilian, as they see fit.

1.       The defense counsel selection must adhere to the criteria outlined in Article III, section B, subsections 1-3.

Article IV: Sentencing

A.      All sentences handed down to a defendant after being found guilty in a court martial must be legal according to the Royal Constitution of the Kingdom of Britannia, and may be reviewed by the High Court before confirmed.

B.      Sentencing guidelines are as follows:

1.       Fine:  A fine in gold, or the equivalent amount in labor, may be levied.

a.       Fines should not exceed five million gold pieces, or five months labor.

2.       Imprisonment:  A term of incarceration in any of the realm’s prisons.

a.       Prisoners must be accorded basic Britannian Rights.

b.      The prison must be a facility sanctioned by the High Court.

3.       Execution:  This penalty must be reserved for High Crimes committed by the defendant while on duty.

a.       Any sentence of execution qualifies for immediate appeal to the High Court for confirmation.

                                                                                I.            The High Court may vacate the sentence if it finds insufficient grounds for execution.

b.      A confirmed sentence of execution must take place within six months of the verdict’s delivery.

c.       The execution must be carried out with dignity and in the most humane way possible.

                                                                                I.            The condemned has the right of last meal, right of last words, religious rites of their choosing, and internment rites.