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Naval Discipline Act 1957 (repealed)
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Changes over time for: Section 54
Version Superseded: 01/04/1997
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- 01/02/1991- Amendment
- 01/02/1991
Point in time - 01/04/1997- Amendment
- 28/02/2002- Amendment
- 31/10/2009- Amendment
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Naval Discipline Act 1957 (repealed), Section 54 is up to date with all changes known to be in force on or before 02 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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54 Composition of courts-martial.F2U.K.
(1)A court-martial shall consist of not less than five nor more than nine officers, being officers of Her Majesty’s naval forces subject to this Act who are of or above the rank of lieutenant.
[F1(2)No officer shall be appointed a member of a court-martial except an officer who for a period of not less than 3 years or periods amounting in the aggregate to not less than 3 years has held a commission in any of the armed forces of the Crown or been an officer in Queen Alexandra’s Royal Naval Nursing Service or the Women’s Royal Naval Service or in any reserve of either of those services.]
(3)The members of a court-martial, and such spare members as the authority ordering the court-martial considers appropriate for the purpose of filling vacancies, shall be nominated by that authority.
(4)The officer who orders a court-martial shall not be a member of the court-martial; and no court-martial shall consist of officers all of whom belong to the same ship or naval establishment.
(5)The president of a court-martial shall not be below the rank of captain, and in the case of a court-martial for the trial of an officer of flag rank shall be an officer of flag rank.
(6)A court-martial for the trial of an officer of flag rank shall not include any member below the rank of captain.
(7)A court-martial for the trial of a commodore or captain shall not include any member below the rank of commander.
(8)A court-martial for the trial of a commander shall include at least two members, in addition to the president, who are not below the rank of commander.
Textual Amendments
F1S. 54(2) substituted by Armed Forces Act 1976 (c. 52), s. 4, Sch. 2 para. 1
Textual Amendments applied to the whole legislation
F2Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions
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