Part II Trial and punishment of offences

Constitution of courts-martial

F253B Judge advocates.

1

In this Act “the judge advocate”, in relation to a court-martial, means the judge advocate appointed by or on behalf of the F3Judge Advocate of Her Majesty’s Fleet to be a member of the court-martial.

2

No person shall be appointed as the judge advocate unless he is—

a

a person who has a five year general qualification within the meaning of section 71 of the M1Courts and Legal Services Act 1990;

b

an advocate in Scotland of at least five years’ standing or a solicitor who has had a right of audience in the Court of Session or the High Court of Justiciary for at least five years; or

c

a member of the Bar of Northern Ireland of at least five years’ standing.

3

Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.

4

Any directions given by the judge advocate shall be binding on the court.