Armed Forces Act 1976

9 Constitution of courts-martial for civilians. U.K.

(1) After paragraph (f) of section 209(3) of the Army Act 1955 and section 209(3) of the Air Force Act 1955 (modifications of Acts in relation to civilians) there shall be inserted the following paragraphs:—

“(fa) a court-martial for the trial of any such person as is mentioned in subsection (1) or (2) above may include in place of the corresponding number of officers—

(i) if it is a general court-martial constituted under section 87 above, not more than two persons who are in the service of the Crown and are persons such as are mentioned in subsection (1) or (2) above, and

(ii) if it is a district constituted under section 88 above, not more than one person who is in the service of the Crown and is himself a person such as is mentioned in either of those subsections,

but a person who is a member of a court-martial by virtue of this paragraph shall not be appointed the president of the court-martial;

(fb) the reference to an officer under instruction in section 93(1) above shall include a reference to a person under instruction who is qualified for membership of courts-martial under paragraph (fa) above;”

(2) After section 118(3) of the Naval Discipline Act 1957 there shall be inserted the following subsection:—

“(3A) A court-martial for the trial of any such person may include in place of the corresponding number of officers not more than two persons who are in the service of the Crown and are persons to whom this Act applies by virtue of this section, but a person who is a member of a court-martial by virtue of this subsection shall not be appointed the president of the court-martial.”

Modifications etc. (not altering text)

C1 The text of ss. 2, 5(1), 9–12, 15, 16, 18, 20, 22(5)(6), Schs. 1, 2, and 4–10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991