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

Courts-martial: provisions relating to trial

95 Dissolution of courts-martial.

(1)

Where, F1before the commencement of the trial, it appears to the F2court administration officer necessary or expedient in the interests of the administration of justice that a court-martial should be dissolved, the F2court administration officer may by order dissolve the court-martial.

F3(1A)

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 the trial a court-martial is, by reason of the death of one of the members or for any other reason, reduced below 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 court is not reduced below the legal minimum, then—

(a)

if the senior member of the court is of the rank of flight lieutenant or corresponding rank or is of higher rank, the F4judge advocate may appoint him president and the trial shall proceed accordingly; but

(b)

if he is not, the court shall be dissolved.

F5(4)

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(5)

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