9.The system for administering discipline in the armed forces is kept under review, with the principal vehicle for any legislative changes that may be necessary being the five-yearly Armed Forces Acts. The Armed Forces Act 1996 made substantial changes, reinforcing the independence of courts-martial, to reflect the European Convention on Human Rights. The 1996 Act also extended the right to choose trial by court-martial described in paragraph 6 above.
10.The Human Rights Act 1998 incorporates certain provisions of the European Convention into domestic law. The main provisions of the Act are expected to come into effect on 2 October 2000. The Ministry of Defence has used this as a framework for a further review of the Services' discipline system. The provisions in this Act result from that review. They address areas of the discipline system where there are concerns that the system may not be compliant with the Convention.
Background The reasons for change