a judge advocate; and

at least three but not more than five other persons (“lay members”).

at least five but not more than seven lay members; or

no lay members.

a prescribed number of the lay members must be officers or warrant officers qualified for membership under section 156 and not ineligible by virtue of section 157; and

the rest must be officers so qualified and not so ineligible.

the minimum required by subsection (1)(b); or

where rules made by virtue of subsection (2)(a) apply instead of subsection (1)(b), the minimum required by those rules.

he has held a commission in any of Her Majesty's forces for at least three years, or for periods amounting in the aggregate to at least three years; or

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

he is a member of the Military Court Service;

he is a member of or on the staff of the Service Prosecuting Authority;

he is a service policeman;

he is a member of the Royal Army Chaplains' Department or the Royal Air Force Chaplains' Branch;

he has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

he is an advocate or solicitor in Scotland;

he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or

he has in a relevant 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.

any of the Channel Islands;

the Isle of Man;

a Commonwealth country; or

a British overseas territory.

he was the commanding officer of the defendant at any time in the period beginning with the date of commission of the offence to which the arraignment relates and ending with the arraignment;

he has taken part in investigating the subject matter of any charge against the defendant; or

he has conducted (whether alone or with other persons) an inquiry into the subject matter of any charge against the defendant.

an allegation of an offence to which section 39(1) applies (offence X) shall be taken as including an allegation of an offence under that section of attempting to commit offence X; and

an allegation of a completed section 42 offence shall be taken as including an allegation of a section 42 offence of attempt.

sittings of the court, including the place of sitting and changes to the place of sitting;

trials and other proceedings of the court;

the practice and procedure of the court;

evidence, including the admissibility of evidence;

the representation of the defendant;

appeals from the Service Civilian Court.

as to oaths and affirmations for members of the court, witnesses and other persons;

as to objections to, and the replacement of, members of the court;

as to the constitution of the court;

for such powers of the court as may be prescribed by the rules to be exercised by a judge advocate;

as to the amendment of charges;

for the taking into consideration, when sentencing an offender, of any other service offence committed by him;

for the variation by the court of a sentence passed by it or the variation or rescission by it of an order made by it;

for the discharge of a court (including provision as to retrials and rehearings following discharge);

for the powers conferred by section 7 of the Bankers' Books Evidence Act 1879 (c. 11) (orders for the inspection of bankers' books for the purposes of legal proceedings) to be exercisable by a judge advocate as well as by the court or a judge within the meaning of that Act;

for the making and retention of records of the proceedings of the court;

for the supply of copies of such records, including provision about the fees payable for the supply of such copies;

conferring functions in relation to the court on the court administration officer;

for the delegation by the court administration officer of any of his functions in relation to the court.

conferring powers of arrest;

requiring any arrested person to be brought before the court;

authorising the keeping of persons in service custody, and the imposition of requirements on release from service custody (including provision applying section 107(5) and (6) with or without modifications).

in circumstances substantially different from those in which indictments are amendable by the Crown Court; or

otherwise than subject to conditions which correspond, as nearly as circumstances permit, to those subject to which indictments are so amendable.

the offender is aged 18 or over when convicted; and

it appears to the court that he will reside in the United Kingdom when the order is in force.

confer on the Court Martial a power, when awarding the punishment, to direct that the punishment shall take effect from a date after the date of the award;

confer on the offender's commanding officer the function of deciding the details of the punishment;

provide for the delegation by the commanding officer of any of his functions under the regulations.

the charge in respect of the offence is one as regards which the person elected Court Martial trial under section 129 (whether or not the charge was amended after election);

the person elected Court Martial trial as regards a charge in respect of another offence and conditions prescribed by Court Martial rules are met.

the Court Martial convicts a person of an offence which is relevant by virtue of subsection (1)(a), and

subsection (4) (multiple relevant offences) does not apply,

would have been heard summarily together if no election under section 129 had been made; or

are under Court Martial rules to be treated as if they would have been so heard.

where subsection (4) applies;

where the court convicts a person of an offence which is relevant by virtue of subsection (1)(b) or (c).

any provision of or made under this Act (including section 255);

any provision of the Court Martial Appeals Act 1968.

on the evidence (if any) already given in the trial; and

on such evidence as may be adduced or further adduced by the prosecution, or adduced by a person appointed under this section by the judge advocate to put the case for the defence.

the question whether the court is satisfied as mentioned in that subsection is to be determined by the members of the court other than the judge advocate (“the lay members”); and

the court is so satisfied if, on a vote on the question whether they are so satisfied, a majority of the lay members are in favour.

the defendant did the act charged against him as the offence; but

at the time of that act he was insane.

the question whether the court is satisfied as mentioned in subsection (1) above is to be determined by the members of the court other than the judge advocate (“the lay members”); and

the court is so satisfied if, on a vote on the question whether they are so satisfied, a majority of the lay members are in favour.

the defendant is found to be unfit to stand trial and to have done the act charged against him; or

the defendant is found not guilty by reason of insanity.

a hospital order, with or without a restriction order;

a service supervision order (defined by section 170); or

an order discharging him absolutely.

the finding mentioned in subsection (1) relates to an offence the sentence for which is fixed by law, and

the court has power to make a hospital order,

the judge advocate for the trial mentioned in subsection (1); or

in a case where that judge advocate has made an interim hospital order under section 38 of the 1983 Act as modified by Schedule 4, by that or any other judge advocate.

that, having regard to all the circumstances of the case, the making of a service supervision order is the most suitable way of dealing with the defendant;

that the supervising officer intended to be specified in the order is willing to undertake the supervision; and

that arrangements have been made for any treatment which (under subsection (4)) is intended to be specified in the order.

as to the procedure to be followed by a court making a service supervision order;

as to the descriptions of supervising officer who may be specified in such an order;

for treatment to be provided, in accordance with arrangements made by the medical practitioner by whom or under whose direction the supervised person is being treated, at a place other than a place specified in the order;

authorising a court to include in a service supervision order requirements corresponding to any requirements that Schedule 1A to the Criminal Procedure (Insanity) Act 1964 (c. 84) for the time being allows to be included in supervision orders under that Act;

imposing on the supervised person obligations corresponding to any for the time being imposed by that Schedule;

for the amendment and revocation of a service supervision order.

a person is detained in pursuance of a hospital order which the Court Martial had power to make by virtue of section 169(1)(a),

the court also made a restriction order, and

the restriction order has not ceased to have effect,

he must as soon as practicable be brought before a judge advocate for a review of whether he should continue to be kept in service custody; and

on that review he is to be dealt with as on a review under section 108(1) (see section 108(4) to (8)).

a hospital order made by virtue of section 16(1)(b) or 22(3A) of the Court Martial Appeals Act 1968 (c. 20);

a hospital order made by virtue of section 25B(1) of that Act in a case in which a finding within section 169(1)(a) of this Act was made by the Court Martial.

a registered medical practitioner, or

a registered medical practitioner who is duly approved,

if the defendant is represented by counsel or a solicitor, a copy of the report must be given to his counsel or solicitor;

if the defendant is not so represented the substance of the report must be disclosed to him or, if he is aged under 18, to his parent or guardian if present in court;

the defendant may require the signatory of the report to be called to give oral evidence; and

evidence to rebut the evidence contained in the report may be called by the defendant or on his behalf.