C1C2 Part 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

F284C Convening of general and district courts-martial.

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;

F3cc

any warrant officers who are to be members of the court-martial;

d

any other officers F4or warrant 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 F5or warrant 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.