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
Textual Amendments applied to the whole legislation
F18Act: 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
Textual Amendments
F1S. 84 repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III para. 18, Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
In this Act—
“court administration officer” means an officer (or other person) appointed by the Defence Council to convene general and district courts-martial and perform such other functions as may be prescribed; and
“the court administration officer”, in relation to a court-martial, means the court administration officer who convened the court-martial and includes his successor or any person for the time being exercising his or his successor’s functions.]
Textual Amendments
F2S. 84A-84D inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 19; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
(1)In this Act “the judge advocate”, in relation to a court-martial, means the judge advocate appointed by or on behalf of the Judge Advocate General to be a member of the court-martial.
(2)No person shall be appointed as the judge advocate unless he is—
(a)a person who has a five year general qualification within the meaning of section 71 of the M1Courts and Legal Services Act 1990;
(b)an advocate in Scotland of at least five years’ standing or a solicitor who has had a right of audience in the Court of Session or the High Court of Justiciary for at least five years; or
(c)a member of the Bar of Northern Ireland of at least five years’ standing.
(3)Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.
(4)Any directions given by the judge advocate shall be binding on the court.
Textual Amendments
F3S. 84A-84D inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 19; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
Marginal Citations
(1)On being notified by the prosecuting authority of the charge preferred and the description of court-martial by which the charge is to be tried, a court administration officer shall by order convene a court-martial of that description.
(2)The order convening the court-martial shall specify—
(a)the date, time and place at which the court-martial is to sit;
(b)the officers who are to be members of the court-martial;
(c)which of those officers is to be president of the court-martial;
(d)any other officers appointed for the purpose of filling vacancies,
and shall state that a judge advocate appointed by or on behalf of the Judge Advocate General is to be a member of the court-martial.
(3)At any time before the commencement of the trial, the court administration officer may, in accordance with rules under section 103 of this Act, amend or withdraw the order convening the court-martial.
(4)The following shall not be eligible to be members of a court-martial for the trial of a charge—
(a)the court administration officer;
(b)an officer who at any time between the date on which the preliminary charge was reported to the commanding officer of the accused and the date of the trial has been the commanding officer of the accused;
(c)the higher authority to whom the preliminary charge against the accused was referred;
(d)any other officer who has investigated the subject matter of the charge against the accused;
(e)any other officer who under this Act has held, or has acted as one of the persons holding, an inquiry into matters relating to the subject matter of the charge against the accused.
(5)In subsection (4) above “the preliminary charge” means the charge referred to higher authority by the commanding officer of the accused.
Textual Amendments
F4S. 84A-84D inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 19; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
(1)A general court-martial shall consist of the president, not less than four other military officers and the judge advocate.
(2)A district court-martial shall consist of the president, not less than two other military officers and the judge advocate.
(3)An officer shall not be appointed a member of a general 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 three years or for periods amounting in the aggregate to not less than three years.
(4)An officer shall not be appointed a member of a 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 two years or for periods amounting in the aggregate to not less than two years.
(5)Not less than four of the members of a general court-martial shall be of a rank not below that of captain.
(6)A general court-martial for the trial of an officer above the rank of captain shall not include any member below the rank of captain.
(7)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.
(8)If, in the opinion of the court administration officer, the necessary number of military officers having suitable qualifications is not, with due regard to the public service, available, he may appoint as any member of the court (but not as its president) any naval or air-force officer of corresponding rank to that required for a military officer.
(9)In this section—
“air-force officer” means an 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; and
“” means an officer belonging to Her Majesty’s naval forces and subject to the M2Naval Discipline Act 1957.
Textual Amendments
F5S. 84A-84D inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 19; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
Marginal Citations
(1)A general court-martial shall have power to try any person subject to military law for any offence whichunder this Act is triable by court-martial, [F6and, subject to section 85A below, to award] for any such offence any punishment authorised bythis Act for that offence.
(2)A district court-martial shall have the powers of a general court-martial except that it shall not tryan officer or sentence a warrant officer to imprisonment, discharge with ignominy, dismissal or detention,and shall not award the punishment of death or of imprisonment for a term exceeding two years [F7or make an order committing a person to be detained under section 71AA of this Actfor a period exceeding two years].
F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Words in s. 85(1) substituted (2.10.2000) by 2000 c. 4, s. 12(2); S.I. 2000/2366, art. 2 (with Sch. para. 15)
F7Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.5(a)
F8S. 85(3) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III para. 20, Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
(1)Where a court-martial tries a person in pursuance of an election for court-martial trial, the court shall not award any punishment which could not have been awarded by the commanding officer or appropriate superior authority who would have dealt summarily with the preliminary charge if the election had not been made.
(2)In subsection (1) above “the preliminary charge” means the charge which would have been dealt with summarily had the accused not elected court-martial trial.
(3)For the purposes of this section a court-martial is not to be regarded as trying a person in pursuance of an election for court-martial trial if, since the election was made, the prosecuting authority has referred the charge back to the commanding officer under section 83BB of this Act.]
Textual Amendments
F9S. 85A inserted (2.10.2000) by 2000 c. 4, s. 12(1); S.I. 2000/2366, art. 2 (with Sch. para. 15)
Textual Amendments
F10S. 86 repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III para. 21, Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
Textual Amendments
F11S. 87 repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III para. 21, Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
Textual Amendments
F12S. 88 repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III para. 21, Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
Textual Amendments
F13S. 89 repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, ss. 5. 35(2), Sch. 1 Pt. III para. 21, Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
Textual Amendments
F14S. 90 repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III para. 21, Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
(1)Subject to the provisions of this section, a court-martial shall sit at such place (whether within orwithout [F15the United Kingdom]) as may be specified in the order convening the court; F16. . .
(2)A court-martial sitting at any place [F17may] if it appears to the court requisite in the interests of justiceto sit at some other place, adjourn for the purpose of sitting at that other place.
Textual Amendments
F15Words in s. 91(1) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 22(1)(2)(a); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F16Words in s. 91(1) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III para. 22(1)(2)(b), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F17Words in s. 91(2) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 22(1)(3); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)