Court martial : a judicial review

Abstract

The Armed Forces are dealt with simply as an entity in their own right. The Armed Forces Act 1972 is an act to amend and conpolidate the law relating to the establishment9 government and discipline of the Armed Forces of Malaysia. A substantial portion of this work conc.erns with the application of Order 53 of the Rules of Hig- Court 1980 and Th, Armed Forces Act 1972. The existence of The Armed Forces Act;:., which came into force on the 1st day of June 1977 which has consolidated the three services of the Regular Forces of the Federation had made substantial changes in the military law. Under the 1972 Act 9 a person co:nvicted can either exhaust all remedies provided by the same or applied for relief in the civil court. The High Court who has a special revisiop.ary discretionary remedy must act. " upon the and · established judici~l principles. In other words the High Court can only exercised its sp,cial revisionary remedy if the court martial has. acted without or exceeding its jurisdiction. An error findings or facts or wrong interpretat;ion of law does not give th,e High Court to exercise its power. Unlike in Malaysia, in England, a convicted person can appeal to the Court Martial Appeal Court against the finding of a court martial.