At Pury Erskine Ltd we recognise military law is a distinct and specialist discipline. It should never simply be treated as a subdivision of criminal law, which is why we have a stand-alone military division. Whether you are alleged to have committed a crime, or disciplinary infraction, we have lawyers with years of experience in military law that will offer you expert and pragmatic advice.
We know that merely being investigated can have enormous career implications which can impact you and your family for years to come as promotions may be missed and pensions reduced. Therefore we always aim to conclude your case quickly and favourably.
Depending upon the seriousness of the allegation, an investigation under service law will be conducted by the Service Police, either the general duties branch or the Special Investigations Branch (SIB). Pre-charge representation does not simply involve our lawyers representing you at an interview under caution, whether in the UK or abroad. We will proactively prepare your defence at the investigation stage, as if you were facing trial by Court Martial. When we are satisfied the investigation has concluded we will make formal defence representations against charge, seeking to divert you away from the military justice system, to protect your career, reputation and pension.
Our military pre-charge packages enable us to ensure your rights are protected from the very beginning of an investigation. In advance of any interview we will request pre-interview disclosure so that you fully understand the nature of the allegations against you. Before you are interviewed we will ask questions of the service police and in appropriate circumstances challenge the sufficiency of the disclosure provided. We will insist that our questioning is recorded, so that we can challenge any suggestion that you have failed to mention a relevant fact in support of your defence. In most cases we will prepare a detailed statement on your behalf, so that you do not feel compelled to answer questions that could damage your position. This is especially so in instances where there may be a disparity in rank between you and the service police interviewer. The Service Police codes of practice are not identical to the codes under the Police and Criminal Evidence Act, so again it is essential that you are represented by lawyers with experience of military law.
Our aim with all military pre-charge instructions is to divert you away from the service justice system. In the service justice system the public interest test is augmented by the service interest test. Therefore, when we prepare formal defence representations against charge to the Service Prosecuting Authority (SPA) we will not simply challenge the evidence on your behalf, but also consider all matters that may be relevant to the service interest.
Summary Hearings in front of the CO are criminal hearings and if found guilty you may have a criminal record for life. The fact there is no right to legal representation at the hearing means it is essential you receive expert advice in advance to help you deal with issues like admissibility of evidence, whether to plead guilty or not guilty and whether to elect trial by Court Martial. Unlike trial by Court Martial your hearing is not compliant with Article 6 of the European Convention on Human Rights.
You are entitled to request legal advice prior to the summary hearing. We will advise you in relation to the anticipated evidence and provide a clear strategy to deal with the fact you will not be legally supported at the hearing. We will provide you with the best platform possible to understand the legal issues that may arise and explain how they should be dealt with by the CO. We can also instruct barristers to draft statements and representations on your behalf. Many cases are successfully resolved by us intervening at this stage, however, if it does become necessary to appeal to the Summary Appeal Court (SAC) we will have established what the salient aspects to the appeal are. We can of course then represent you.
The Court Martial (CM) is a unique jurisdiction. If you are unfortunate enough to be facing trial by CM, it is essential that your legal team have both experience of the system and also the Court Martial Appeal Court (CMAC).
At Pury Erskine our stand-alone military division means we are able to maintain the traditional relationships between our expert lawyers and specialist barristers from the military bar. We have lawyers who have regularly appeared in the different Military Court Centres (MCCs) both in the UK and abroad. We have successfully defended service personnel at trial by CM and at appeal in the CMAC.
We will always seek to undermine the case against you prior to any trial by CM taking place. We will clearly explain how your instruction will be broken down into its component parts, so that if we are successful in having the proceedings terminated before trial, you will not be obliged to pay further fees.
We are members of the Association of Military Court Advocates (AMCA).
We also appear at the Service Civilian Court (SCC) if you are subject to service law and alleged to have committed an offence. Depending upon your circumstances we will advise you whether it is tactically advantageous to elect trial by Court Martial (CM).
We will seek to challenge the evidence against you before any trial takes place and will break your instruction down accordingly.
The two systems of service inquiries and coroners inquests are complex and specialist areas. If you are required to appear before a service inquiry you are entitled to legal representation. As a person affected, we should be entitled to ask pertinent questions of witnesses on your behalf. Any appearance at an inquiry could have consequences beyond the fact of your giving evidence, no matter how that evidence is received. It is vital you receive early expert advise in this area.
We will sensitively discuss our services in relation to early advice and assistance before, and representation at, Coroners Inquests.
For service personnel facing civil investigation or punishment in a relevant jurisdiction abroad, we offer tailored crisis management packages. British Forces Status Agreements usually allow for representations to be made to the host power for matters that ordinarily would fall within the remit of the host power to be brought ‘back behind the wire’. We will work in tandem with vetted local agents to make sure your rights are protected.
It is essential that if you are facing an investigation or punishment abroad you contact us immediately. There is no guarantee that your legal rights will be protected, as you would expect in other jurisdictions. Also investigative and judicial processes often happen much faster so the point at which you instruct is often time critical.
With more and more cases being diverted from the service courts to the criminal courts it is increasingly important to know that your military lawyers are also experts in civilian criminal law.
At Pury Erskine Ltd our dedicated criminal law division will proactively defend you if you are accused of a crime. If you have been asked to attend a voluntary interview or have been arrested and are already subject to an investigation, we will offer you a tailored pre-charge package. If you have been charged and are due before a court, we will instruct carefully selected counsel on your behalf and defend you vigorously if your case proceeds to trial.
We know that you will also face the prospect of Major Administrative Action so we ensure your team will also protect you from that at the same time as defending you in the Crown or Magistrates’ Court.
This is an area of service justice that is extremely complex. The misuse of drugs is seen as having a corrosive effect on discipline, so is necessarily treated more seriously in military service, than in civilian life. Testing covers unfitness for specified safety critical duties and unfitness for non-specified safety critical duties, together with the use of random drug testing for units. Even if you have an unblemished military career over many years, a CDT fail could end your career, with all the financial and reputational consequences that flow from that.
At Pury Erskine Ltd we have lawyers with extensive experience of engaging with experts in forensic toxicology, in cases of involuntary intoxication, so that formal representations can be submitted challenging the evidence against you.
If you feel you have been wronged in relation to any matter relating to your service then you have the right to complain to the Service Complaints Ombudsmen (SCO). The Service complaints regime was regularly criticised as lacking ‘teeth’ when the office was simply that of the Service Complaints Commissioner (SCC). While there have been improvements in the creation of the SCO, it is still vital that before you consider embarking upon this process, you have received expert advice and understand the full implications of what could flow from your complaint.
If on advice you are satisfied that the correct course for you is to pursue a service complaint, we offer fixed packages to help you through the entire, often challenging, process.
The Armed Forces use administrative action to enforce the rules, values and standards expected of service personnel. Administrative Action can have devastating impacts upon service personnel; their career can be ended, their pension reduced and even where their family lives can be affected. At Pury Erskine Ltd we have lawyers with many years experience of representing service personnel facing administrative action and ensuring their have a robust defence. Our fixed packages enable us to draft written representations on your behalf and represent you at potentially career defining interviews.
Whether you have been denied or delayed promotion; suffered a loss of rank, been subject to administrative or disciplinary action, all are likely to have serious consequences for your future pension. At the end of your service you will want to secure the most beneficial pension possible, in order to make the transition into civilian life as straightforward, and as successful, as possible.
At Pury Erskine Ltd we have lawyers that can give you advice in relation to your pension regardless of rank, or length of service. We offer fixed fee packages to guide you through this often complicated framework.
We provide fixed fee packages to our military clients that cover the full ambit of an investigation, or the relevant stage proceedings may advance to. We will only consider instructions under the Armed Forces Criminal Legal Aid Authority (AFCLAA) in exceptional circumstances, due to the limitations, which exist with public funding.
Our military division is headed by director Ian Graham who has 20 years experience in defending service personnel; was formerly chair of the Forces Law Legal Network and committee member of the Association of Military Court Advocates.
As part of our commitment to support the Armed Forces Community, we have signed up to the Armed Forces Covenant – which is a promise that those who serve or have served in the armed forces, and their families, are treated fairly.
Please visit our dedicated Supporting the Armed Forces Page for more information, and read our commitment statement here.
Pury Erskine Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA 817582)
Pury Erskine Ltd is a company registered in England and Wales (Company No. 13236632), with its registered office at Central Court, 25 Southampton Buildings, London, WC2A 1AL
Office Number: 0300 124 7711
