157Officers and warrant officers ineligible for membership in particular circumstancesU.K.
(1)An officer is ineligible for membership of the Court Martial for proceedings after the arraignment of a defendant if—
(a)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;
(b)he has taken part in investigating the subject matter of any charge against the defendant; or
(c)he has conducted (whether alone or with other persons) an inquiry into the subject matter of any charge against the defendant.
(2)A warrant officer is ineligible for membership of the Court Martial for proceedings after the arraignment of a defendant if he falls within subsection (1)(b) or (c).
(3)Where a defendant is arraigned in respect of more than one offence, the reference in subsection (1)(a) to the date of commission of the offence there mentioned is to the date of commission of the earliest such offence.
(4)Court Martial rules may provide that an officer or warrant officer of a description prescribed by the rules is ineligible for membership of the Court Martial for a description of proceedings so prescribed.
Commencement Information
I1S. 157 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 157 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4