C1C2Part 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: provisions relating to trial

95 Dissolution of courts-martial.

1

Where, F2before the commencement of the trial, it appears to the F3court administration officernecessary or expedient in the interests of the administration of justice that a court-martial should bedissolved, the F3court administration officer may by order dissolve the court-martial.

F41A

Where, after the commencement of the trial, it appears to the judge advocate necessary or expedient in the interests of the administration of justice that a court-martial should be dissolved, he may by order dissolve the court-martial.

2

Without prejudice to the generality of the last foregoing subsection, if after the commencement of thetrial a court-martial is, by reason of the death of one of the members or for any other reason, reducedbelow the legal minimum, it shall be dissolved.

3

If after the commencement of the trial the president dies or is otherwise unable to attend and the courtis not reduced below the legal minimum, then—

a

if the senior member of the court is of the rank of captain or corresponding rank or is of higher rank,the F5judge advocate may appoint him president and the trial shall proceed accordingly; but

b

if he is not, the court shall be dissolved.

F64

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5

Where a court-martial is dissolved under the foregoing provisions of this section the accused may betried by another court.