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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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What justifies a lawful command?

Resolved Question:

What justifies a lawful command? Having read Sir Charles Haddon Cave report we have an individual who has questioned Airworthiness and raised an issue, and was then issued a command which contravened his findings for MAA. However looking through the law presented to me I cannot find what justifies a lawful command? The Just Culture was compromised and an incident was just avoided.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
-Could you explain your situation a little more?
Customer: replied 3 years ago.
Within Military law what constitutes a lawful Order/Command. I've looked at Queens Gegulations and Armed Forces Act.
Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

The Armed Forces Act 2006 does not define what "lawful command" but S. 12 of this Act provides that

(1)A person subject to service law commits an offence if—

(a)he disobeys a lawful command; and

(b)he intends to disobey, or is reckless as to whether he disobeys, the command.

The Manual of Service Law, chapter 7, page 7-1-4, states:

     

    "A command is lawful if:
    (a) it is within the authority of the person giving it;
    (b) it is for a proper service purpose…
    (c) it is possible for the command to be carried out; and
    (d) it is not contrary to UK domestic law, international law or relevant local law."
See this case for further information on lawful commands: http://www.bailii.org/ew/cases/EWCA/Crim/2011/2808.html

All the best
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