Criminal courts and courts-martial : a comparative study relating to jurisdiction and procedure, with particular reference to the Malta Armed Forces Act, 1970

Abstract

The major attendant limitation in considering the procedure applicable in a trial by court-marital, is the lack of modern legal military literature on the subject which may be consulted. It would appear that apart from a very adequate Manual of Military Law issued by the D.A.L.S. and intended for the use of military officers, there has otherwise been minimal interest by the legal profession in this particular field of law and consequently there have been few publications on the subject. This is undoubtedly to the detriment of all those who may be involved in a court-marital, particularly if they are unfamiliar with military law. The lack of material on the subject as far as Malta is concerned, extends also to case-law. In fact since the enactment of the M.A.F. Act in 1970 there have been only two courts-martial, the first dealing with a charge of conduct to the prejudice of good order and military discipline in breach of section 74 of the M.A.F. Act, the second dealing substantially with fraudulent misappropriation of service property.