Air Force Act 1955 (repealed)

F2 [F1 103A Field general courts-martial.F5 F6 U.K.

(1) Where an officer to whom this subsection applies—

(a) is commanding a body of the regular air force on active service; and

(b) is of opinion that it is not possible without serious detriment to the public service for a charge against a member of that body to be tried by a general or district court-martial,

he may direct that the charge be tried by a field general court-martial.

(2) Subsection (1) above applies to—

(a) the commanding officer who has investigated the charge;

(b) the commanding officer or appropriate superior authority who has determined on a summary dealing that the charge against the accused has been proved, in a case where the accused has elected court-martial trial and that election has not been withdrawn;

(c) where the charge is against an officer or warrant officer, the higher authority to whom the charge has been referred by the commanding officer.

(3) If an officer to whom subsection (1) above applies directs that a charge be tried by a field general court-martial, he shall by order convene a field general court-martial.

(4) The order convening the field general court-martial shall specify—

(a) the date, time and place at which the court-martial is to sit;

(b) the officers who are to be members of the court-martial;

(c) which of those officers is to be president of the court-martial.

[F3 (d) any warrant officer who is to be a member of the court-martial.]]

[F4 (4A) Where a judge advocate, as defined by section 103B(4) of this Act, is to be a member of a field general court-martial, the order convening the court-martial shall state that fact, and state whether the judge advocate is to be appointed by or on behalf of the Judge Advocate General or by the officer convening the court-martial.]

(5) At any time before the commencement of the trial, the officer who convened the field general court-martial may, in accordance with rules under section 103C of this Act, amend or withdraw the order convening the court-martial.

(6) Subject to subsection (7) below, the officer convening the field general court-martial shall not be a member of the court-martial.

(7) The officer convening the field general court-martial may be its president if, in his opinion, it is not possible, without serious detriment to the public service, to appoint another officer as president.

Textual Amendments

F1 Ss. 103A-103C inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 47; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F2 Ss. 103A-103C inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 47; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F3 S. 103A(4)(d) inserted (28.2.2002) by 2001 c. 19, ss. 19, Sch. 2 para. 12(2); S.I. 2002/345, arts. 2, 3

F4 S. 103(4A) inserted (28.2.2002) by 2001 c. 19, ss. 19, 39(2), Sch. 2 para. 12(3); S.I. 2002/345, arts. 2, 3

Textual Amendments applied to the whole legislation

F5 Act: 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

F6 Act repealed (1.1.2008 for the repeal of s. 180 only) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2007/2913, art. 3 (with art. 4(1)(2))