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Part IIU.K. Discipline and Trial and Punishment of Military Offences

Modifications etc. (not altering text)

C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142

C2Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2

Courts-martial: provisions relating to trialU.K.

92 Challenges by accused.F1U.K.

(1)An accused about to be tried by any court-martial shall be entitled to object, on any reasonablegrounds, to any member of the court, whether appointed originally or in lieu of another officer.

(2)For the purpose of enabling the accused to avail himself of the right conferred by the last foregoingsubsection, the names of the members of the court shall be read over in the presence of the accused beforethey are sworn, and he shall be asked whether he objects to any of those officers.

(3)Every objection made by an accused to any officer shall be considered by the other officers appointedmembers of the court.

(4)If objection is made to the president and not less than one-third of the other members of the courtallow it, the court shall adjourn and the convening officer shall appoint another president.

(5)If objection is made to a member of the court other than the president and not less than one-half ofthe members entitled to vote allow it, the member objected to shall retire and the vacancy may, and ifotherwise the number of members would be reduced below the legal minimum shall, be filled in the prescribedmanner by another officer.

Textual Amendments applied to the whole legislation

F1Act: 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