C1C2 Part II Discipline and Trial and Punishment of Military Offences
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: 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 F2member.
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 F3the officers appointed members F4, and any warrant officers so appointed, are sworn, and he shall be asked whether he objects to any of F5the members.
3
4
5
If F10an objection to any other officer appointed a member of the court F11or to any warrant officer so appointed is allowed, the F12officerF13or warrant officer objected to shall retire and the vacancy may, and ifotherwise the number of F14members who are officers or warrant officers would be reduced below the legal minimum shall, be filled in the prescribedmanner by F15another 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).
F166
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.
Part II extended by Reserve Forces Act 1980 (c. 9), s. 142