Army Act 1955 (repealed)

84 Trial to be by general court-martial, district court-martial or in certain cases field generalcourt-martial.F1 U.K.

(1) Subject to the provisions of this section, a charge which is to be tried by court-martial shall be triedeither by general court-martial or by district court-martial.

(2) Where the officer commanding a body of the regular forces on active service—

(a) being an officer (whether military, naval or air-force) to whom under subsection (1) of sectionseventy-nine of this Act a charge has been submitted for determining how it is to be dealt with, or

(b) being the accused’s commanding officer who has investigated a charge which cannot be dealt withsummarily or which in his opinion ought not to be so dealt with, or

(c) being the accused’s commanding officer or the appropriate superior authority who has investigated acharge on which the accused has elected to be tried by court-martial,

is of opinion that it is not possible without serious detriment to the public service that the chargeshould be tried by a general or district court-martial, the officer may (whether or not he is authorisedto convene general courts-martial) direct that the charge shall be tried by a field general court-martial.

Textual Amendments applied to the whole legislation

F1 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