Armed Forces Act 2001

Army Act 1955 (c. 18)

2 For section 84D of that Act (constitution of general and district courts-martial) there is substituted—

“84D Constitution of general and district courts-martial

(1) A general court-martial shall consist of—

(a) the president, who shall be a military officer,

(b) the judge advocate, and

(c) at least four other persons of whom—

(i) two shall each be either a military officer or a military warrant officer, and

(ii) the rest shall be military officers.

(2) A district court-martial shall consist of—

(a) the president, who shall be a military officer,

(b) the judge advocate, and

(c) at least two other persons of whom—

(i) one shall be either a military officer or a military warrant officer, and

(ii) the rest shall be military officers.

(3) An officer shall not be appointed as the president of a general or district court-martial unless he has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than the qualifying period or for periods amounting in the aggregate to not less than the qualifying period.

(4) The president of a general or district court-martial shall not be below the rank of field officer unless in the opinion of the court administration officer a field officer having suitable qualifications is not, with due regard to the public service, available; and in any event the president of such a court-martial shall not be below the rank of captain.

(5) An officer shall not be appointed under subsection (1)(c) above as a member of a general court-martial or under subsection (2)(c) above as a member of a district court-martial unless—

(a) he has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than the qualifying period or for periods amounting in the aggregate to not less than the qualifying period, or

(b) immediately before receiving his commission, he was a warrant officer in any of those forces.

(6) In subsections (3) and (5) above “the qualifying period” means—

(a) in relation to a general court-martial, three years, and

(b) in relation to a district court-martial, two years.

(7) A general or district court-martial shall not include any warrant officer unless the court-martial is for the trial of a person of a rank below that of the warrant officer concerned.

(8) A general or district court-martial shall not include an officer appointed under subsection (1)(c) or (2)(c) above who qualifies under subsection (5) above only by virtue of paragraph (b) of that subsection, unless the court-martial is for the trial of a person of a rank below that which the officer held immediately before he received his commission.

(9) Not more than two of the members of a general court-martial appointed under subsection (1)(c) above shall be of a rank below that of captain; and, in the case of a general court-martial for the trial of an officer above the rank of captain, all the members so appointed shall be of or above the rank of captain.

(10) If, in the opinion of the court administration officer, the necessary number of military officers or military warrant officers having suitable qualifications is not, with due regard to the public service, available for appointment under subsection (1)(c) or (2)(c) above, he may appoint under that provision—

(a) any naval or air-force officer having qualifications corresponding to those required for a military officer, or

(b) where a military warrant officer could be appointed, any naval or air-force warrant officer having qualifications corresponding to those required for a military warrant officer.

(11) In this section—

• “air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;

• “air-force warrant officer” means a warrant officer belonging to Her Majesty’s air forces and subject to air-force law;

• “military officer” means an officer belonging to Her Majesty’s military forces and subject to military law;

• “military warrant officer” means a warrant officer belonging to Her Majesty’s military forces and subject to military law;

• “naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the Naval Discipline Act 1957;

• “naval warrant officer” means a warrant officer belonging to Her Majesty’s naval forces and subject to the Naval Discipline Act 1957.”