Army Act 1955 (repealed) (c. 18)

Part II U.K. Discipline and Trial and Punishment of Military Offences

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 U.K.

Valid from 01/04/1997

F1 84B Judge advocates.F2 U.K.

(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 M1 Courts 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

F1 S. 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

M1 1990 c. 41.

Textual Amendments applied to the whole legislation

F2 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