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
94 Courts-martial to sit in open court.
1
Subject to the provisions of this section, a court-martial shall sit in open court and in the presenceof the accused.
2
Nothing in the last foregoing subsection shall affect the power of a court-martial to sit in camera onthe ground that it is necessary or expedient in the interests of the administration of justice to do so;and without prejudice to that power a court-martial may order that, subject to any exceptions the court mayspecify, the public shall be excluded from all or any part of the proceedings of the court if it appearsto the court that any evidence to be given or statement to be made in the course of the proceedings or thatpart, as the case may be, might otherwise lead to the disclosure of any information which would or mightbe directly or indirectly useful to an enemy.
3
A court-martial shall sit in closed court while deliberating on their finding or sentence on any charge.
4
A court-martial may sit in closed court on any other deliberation amongst the members.
5
Where a court-martial sits in closed court no person shall be present except the members of the courtand such other persons as may be prescribed.
F26
The judge advocate shall not be present while the other members of the court are deliberating on their finding on any charge.
F27
Any ruling or direction of the judge advocate on a question of law (including a question of procedure or practice) shall be given in open court.
F28
The judge advocate may determine, and give rulings on, questions of law (including questions of procedure and practice) in the absence of the other members of the court and of any officers and other persons under instruction.
Part II extended by Reserve Forces Act 1980 (c. 9), s. 142