ABSTRACT

Mr Jonathan Moore and Mr Garrick Gordon were serving in the Royal Air Force and were tried by district courts-martial. The Air Force Act 1955 applied in their case. Central to the system under the 1955 Act was the role of the ‘convening officer’ who assumed responsibility for every case to be tried by court-martial. Mr Moore was found guilty of common assault and fined. His subsequent petitions and appeals, as far as the single judge of the Courts-Martial Appeal Court, were unsuccessful. Mr Gordon was found guilty of two charges of disgraceful conduct of an indecent kind and he was sentenced to a reduction in rank. His subsequent petitions and appeals, as far as the Courts-Martial Appeal Court, were unsuccessful. The applicants complained that they did not have a fair or public hearing by an independent and impartial tribunal established by law. Court found unanimously V 6(1).