BSH, R. v [2025] EWCA Crim 706 (04 June 2025)

BSH, R. v [2025] EWCA Crim 706 (04 June 2025)

The Court of Appeal has jurisdiction under Rule 50(1) of the Armed Forces Court Martial Rules 2009 to hear an appeal against a Judge Advocate's dismissal of charges at a preliminary stage. The evidence, particularly the defendant's own messages, was sufficient for a properly directed Board to convict, and the Judge Advocate General erred in dismissing the charges on the basis that the messages could be interpreted as mere 'laddish hyperbole'.

Citation
[2025] EWCA Crim 706
Parties
Applicant: Rex; Respondent: B. S. H.
Jurisdiction
England and Wales
Judgment Date
04 June 2025
Procedural Posture
Criminal Appeal / Appeal Against Dismissal of Charges at Preliminary Stage
Outcome
Appeal allowed; ruling of Judge Advocate General quashed; charges to proceed to Court Martial.
Legal Topics
Sexual Offences, Appeal Procedure, Court Martial, Dismissal of Charges, Jurisdiction
Criminal Law Military Law Sexual Offences Appeal Procedure Court Martial Dismissal of Charges Jurisdiction

Case Brief

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Parties

Rex

Applicant

B. S. H.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Dismissal of Charges at Preliminary Stage

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal against a Judge Advocate's dismissal of charges at a preliminary stage in Court Martial proceedings
  2. 2 Whether the evidence was sufficient to allow the charges to proceed to trial

Ratio Decidendi

The Court of Appeal has jurisdiction under Rule 50(1) of the Armed Forces Court Martial Rules 2009 to hear an appeal against a Judge Advocate's dismissal of charges at a preliminary stage. The evidence, particularly the defendant's own messages, was sufficient for a properly directed Board to convict, and the Judge Advocate General erred in dismissing the charges on the basis that the messages could be interpreted as mere 'laddish hyperbole'.

Court Disposition

Appeal allowed; ruling of Judge Advocate General quashed; charges to proceed to Court Martial.

Orders

  • Leave to appeal granted.
  • Ruling of Judge Advocate General quashed.