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Ineligibility for membership of courts-martial
This section has no associated Explanatory Memorandum
21.—(1) An officer or warrant officer shall not be eligible to be a member of a court-martial for the purpose of any proceedings against an accused if—
(a)he serves under the command of—
(i)the higher authority who referred the case against the accused to the prosecuting authority;
(ii)the prosecuting authority;
(iii)the court administration officer;
(b)he serves in the same unit as the accused; or
(c)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 of the Channel Islands, the Isle of Man, a Commonwealth country or British overseas territory 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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