Part II Discipline and Trial and Punishment of Military Offences

Courts-martial: provisions relating to trial

92 Challenges by accused.

(1)

An accused about to be tried by any court-martial shall be entitled to object, on any reasonablegrounds, to any member of the court, whether appointed originally or in lieu of another F1member.

(2)

For the purpose of enabling the accused to avail himself of the right conferred by the last foregoingsubsection, the names of the members of the court shall be read over in the presence of the accused before F2the officers appointed members F3, and any warrant officers so appointed, are sworn, and he shall be asked whether he objects to any of F4the members.

(3)

Every objection made by an accused to any F5member shall be F6determined by the judge advocate.

(4)

If F7an objection to the president is allowed, the court shall adjourn and the F8court administration officer shall appoint another president.

(5)

If F9an objection to any other officer appointed a member of the court F10or to any warrant officer so appointed is allowed, the F11officerF12or warrant officer objected to shall retire and the vacancy may, and ifotherwise the number of F13members who are officers or warrant officers would be reduced below the legal minimum shall, be filled in the prescribedmanner by F14another person (who may be either an officer or, where the vacancy could in accordance with this Act be filled by a warrant officer, a warrant officer).

F15(6)

If an objection to the judge advocate is allowed, the judge advocate shall retire and another judge advocate shall be appointed by or on behalf of the Judge Advocate General.