Is Global Military Justice Reform missing some big story or major theme in your part of the world (or somewhere else)? There's no shortage of low-hanging fruit (the never-ending cases, recalcitrant national legislatures, impunity issues, trying civilians in military courts, silly fact patterns), but how about the elusive developments, the things that are either -- pick the image -- "hiding in plain sight" or "under the radar"?
Let us know by posting a comment (
real names only, please). We'll try to follow up as we scan the horizon.
I have recently applied to appeal a conviction of Criminal Damage that neither myself or Commanding Officer knew would result in a criminal record. I am still awaiting the judgement in my leave to appeal out of time hearing (after 8 years) however the judge indicated that leave to appeal would be refused.
ReplyDeleteIf this is the case I intend to state a case to the High Court as I have been refused my right to a fair trial under article 6.
There are a minefield of legal issues that I have attempted to put to the Vice Judge Advocate General see my submission to the Summary Appeal Court below:-
In a nutshell
1)Can a system still be said to be article 6 compliant if an individual wishes to exercise his rights and they are refused because of the appeal being out of time?
2)Should a time limit imposed still be compatible with the convention, if the individual and Commanding Officer were unaware of consequences of the charge, should an appeal be refused? (I have sited Rhamdezfouli and Stratton vs Thames Valley police)
3)Is it in the interest of justice that an individual can discover a criminal record without prior knowledge and be unable to appeal?
I submitted this to the Jude during my hearing (written by myself a non lawyer, not ideal but I can't keep throwing money at this!!)
https://docs.google.com/file/d/0B5Cec4MEg-ddMFVpZFFzOVN6Zjg/edit?usp=docslist_api
My Solicitor provided this as a skeleton argument:
https://docs.google.com/file/d/0B5Cec4MEg-ddb19WTTFTeXgtaDQ/edit?usp=docslist_api