Part IIU.K. Discipline and Trial and Punishment of Military Offences

Modifications etc. (not altering text)

C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142

C2Part 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 provisionsU.K.

87 Constitution of general courts-martial.F2U.K.

(1)A general court-martial shall consist of the president and not less than four other officers.

(2)Save as hereinafter provided, an officer shall not be appointed a member of a general court-martialunless he belongs to Her Majesty’s military forces, is subject to military law and has held a commissionin [F1any of Her Majesty’s naval, military or air forces] for a period of not less than three years or for periods amounting in the aggregate to not less thanthree years.

(3)Not less than four of the members of a general court-martial shall be of a rank not below that ofcaptain.

(4)The president of a general court-martial shall be appointed by order of the convening officer and shallnot be under the rank of field officer unless in the opinion of the convening officer a field officer havingsuitable qualifications is not, with due regard to the public service, available; and in any event thepresident of a general court-martial shall not be under the rank of captain.

(5)The members of a general court-martial, other than the president, shall be appointed by order of theconvening officer or in such other manner as may be prescribed.

(6)An officer under the rank of captain shall not be a member of a general court-martial for the trial ofan officer above that rank.

Textual Amendments

Textual Amendments applied to the whole legislation

F2Act: 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