現行の法体系の長所と短所
The current system works well--it enables outcomes to be reached effectively and fairly, with the results readily apparent to the accused, his or her peers, any victim and the news media. The robustness of service law means that we should never see British servicemen and women appearing in front of the International Criminal Court. However, the current "single" service systems bring procedural complexities to those commanding joint units. The defence challenge of the post-Cold War years is unpredictable and probably unconventional. The growth of rogue nations, outbreaks of civil conflict, conventional wars and terrorism means that British armed forces are having to deploy overseas more regularly than ever before, and to do so they are relying on each other. On operations such as Operation Telic, despite operating in the individual sea, land and air environments, units routinely find themselves commanded jointly at the highest level. This approach has been formalised with the creation of joint service training establishments and such operational organisations as Joint Helicopter Command, which united the rotary wing capability of the three services; Joint Harrier Force, which united the Navy and Air Force Harriers, and the Defence Logistics Organisation. This increasing trend of joint operations and the rationalisation of single service organisations into joint structures prompted the Strategic Defence Review (SDR) in 1998 to recommend harmonising service law into a single system which would apply to all three services wherever they were serving. The three existing Service Discipline Acts date back to the 1950s, and although they have been amended to reflect changes in civilian law over this period it has been a somewhat piecemeal process. The acts have evolved over the years and they differ in ways which may mean sailors, soldiers and airmen can be treated differently for the same offences. The new harmonised system will ensure parity irrespective of service in both dealing with and punishing offenders. The proposals are wide ranging but have the overarching aim of maintaining fairness within a more modern system which supports operational effectiveness. The following are the aspects of the proposed legislation that promise to have most effect on serving members of the forces.
