Army Act 1955 (repealed)

86 Officers having power to convene courts-martial.F3 U.K.

(1) A general court-martial may be convened by any qualified officer authorised by Her Majesty by warrantunder Her sign manual to convene general courts-martial or that court-martial, [F1 or by any officer to whom a qualified officer so authorised has delegated his powerunder the warrant, being an officer under the command of the qualified officer and not below the rank ofcolonel.]

(2) A district court-martial may be convened by an officer authorised to convene general courts-martial,by any person, not below the rank of captain, under the command of such an officer whom that officer hasauthorised to convene district courts-martial, by any general officer or brigadier commanding a body oftroops or by any officer for the time being acting in the place of such a general officer or brigadier.

(3) A field general court-martial may be convened by the officer who directed that the charge should betried by field general court-martial.

(4)

F2 (5) In this section the expression “qualified officer” means any officer not below the rank of field officer or correspondingrank who—

(a) is in command of a body of the regular forces, or

(b) is in command of the command within which the person to be tried is serving.

(6) Any warrant under this section, or any authorisation under this section to convene courts-martial—

(a) may be made subject to restrictions, reservations, exceptions or conditions;

(b) may be addressed to officers by name or by designation of their offices, and may be issued or given toa named or designated officer, to a named or designated officer and to the person for the time beingperforming the duties of his office, to a named or designated officer and his successors in that office orto a named or designated officer and such person and successors;

(c) may be varied or may be revoked, either wholly or in part, by a subsequent warrant of Her Majesty or,as the case may be, by the officer by whom it was given or his successor in office.

(7) Where an officer on board ship—

(a) has had power to convene general courts-martial delegated to him by an officer under whose command hewas before the departure of the ship, or

(b) has been authorised under subsection (2) of this section to convene district courts-martial by such anofficer,

he may convene courts-martial to the like extent as if he had continued under the command of theofficer delegating the power or granting the authorisation.

Textual Amendments

F1 Words substituted by Armed Forces Act 1971 (c. 33), s. 48(1)

F2 S. 86(4) repealed by Armed Forces Act 1976 (c. 52), Sch. 10

Textual Amendments applied to the whole legislation

F3 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2