Morris v. United Kingdom
European Court of Human Rights
App. No. 38784/97, 34 E.H.R.R. 1253 (2002)
- Written by Kelly Simon, JD
Facts
Dean Morris (plaintiff) was a British soldier absent without leave from his post. Morris was court-martialed by a three-member military tribunal consisting of the permanent president and two junior officers. Morris pleaded guilty and was sentenced to dismissal from the army and nine months’ detention. Morris petitioned the Defence Council to reconsider the verdict in his case. Consistent with the military procedures of the United Kingdom (defendant), guilty verdicts from a court-marital were reviewed by the Defence Council. As a reviewing authority, the Defence Council was authorized to quash a guilty verdict or sentence, make findings of guilt that could have been made by the court-martial, and substitute a lighter sentence. The Defence Council declined to reconsider any aspect of Morris’s case. Morris then lodged an application against the United Kingdom with the European Commission of Human Rights, arguing that Morris was denied a hearing before an independent and impartial tribunal in violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the convention).
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
