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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Ineligibility for membership of courts-martial
15. An officer shall not be eligible to be a member of a court-martial for the trial of an accused if—
(a)he serves, directly or indirectly, under the command of—
(i)the higher authority who referred the case against the accused to the prosecuting authority;
(ii)the prosecuting authority; or
(iii)the court administration officer;
(b)(unless he is the judge advocate) he—
(i)has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;
(ii)is an advocate or a solicitor in Scotland;
(iii)is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland;
(iv)has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
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