Part II Discipline and Trial and Punishment of Air-Force Offences

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 presence of the accused.

2

Nothing in the last foregoing subsection shall affect the power of a court-martial to sit in camera on the 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 may specify, the public shall be excluded from all or any part of the proceedings of the court if it appears to the court that any evidence to be given or statement to be made in the course of the proceedings or that part, as the case may be, might otherwise lead to the disclosure of any information which would or might be 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 court and such other persons as may be prescribed.