Army Act 1955 (repealed)

[F1 F2 103B Constitution of field general courts-martial.F11 U.K.

(1) Subject to subsections (2) and (3) below, a field general court-martial shall [F3 consist of-

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

(b) at least two persons appointed under this paragraph, of whom—

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

(ii) the rest shall be military officers.]

(2) If the officer who convened the field general court-martial is of opinion that [F4 three persons having suitable qualifications are not available for appointment under subsection (1)(a) and (b) above] without serious detriment to the public service, the field general court-martial shall consist of the president and one other military officer.

(3) Unless the officer convening the field general court-martial is of opinion that a judge advocate is not available without serious detriment to the public service, a judge advocate shall be a member of the court-martial.

(4) In subsection (3) above, “a judge advocate” means a judge advocate appointed by or on behalf of the Judge Advocate General or, if the officer convening the field general court-martial is of opinion that no such judge advocate is available without serious detriment to the public service, a qualified officer appointed by that officer.

(5) An officer is “qualified” for the purposes of subsection (4) above if he is—

(a) a person who has a general qualification within the meaning of section 71 of the M1 Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland; or

(c) a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland.

(6) The president of a field general court-martial shall not be below the rank of captain.

[F5 (6A) A field general 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.]

[F6 (7) If a field general court-martial is to be convened at any place where, in the opinion of the officer convening it, 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)(b) 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.]

(8) A field general court-martial shall have the powers of a general court-martial except that where [F7 only two persons, apart from any judge advocate (as defined by subsection (4) above),] are members of the court the sentence shall not exceed imprisonment for a term of two years or detention under section 71AA of this Act for a period of two years.

(9) In this section—

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

• [F8 “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; and

• [F9 “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 M2 Naval Discipline Act 1957.

• [F10 “naval warrant officer” means a warrant officer belonging to Her Majesty’s naval forces and subject to the Naval Discipline Act 1957.]]

Textual Amendments

F1 Ss. 103A-103C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 31; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F2 Ss. 103A-103C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 31; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F3 Words in s. 103B(1) substituted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 6(2); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F4 Words in s. 103B(2) substituted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 6(3); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F5 S. 103B(6A) inserted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 6(4); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F6 S. 103B(7) substituted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 6(5); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F7 Words in s. 103B(8) substituted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 6(6); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F8 Words in s. 103B(9) inserted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 6(7)(a); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F9 Words in s. 103B(9) inserted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 6(7)(b); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F10 Words in s. 103B(9) inserted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para 6(7)(c); S.I. 2002/345, art. 2 (subject to transtitional provisions in art. 3)

Marginal Citations

M1 1990 c. 41.

M2 1957 c. 53.

Textual Amendments applied to the whole legislation

F11 Act: 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