C1C2Part II Discipline and Trial and Punishment of Military Offences

Annotations:
Modifications etc. (not altering text)
C1

Part II extended by Reserve Forces Act 1980 (c. 9), s. 142

C2

Part 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

Courts-martial: general provisions

F284B Judge advocates.

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.