Part IIU.K. Trial and punishment of offences

Constitution of courts-martialU.K.

56 Place and time of sittings of courts-martial.F5U.K.

(1)A court-martial shall be held on board such of Her Majesty’s ships or vessels, or at such premises on shore, whether within or out of the United Kingdom, as may be [F1specified in the order assembling the court].

(2)A court-martial may, if it appears to the court to be expedient in the interests of justice, be adjourned, either generally or for the purpose of any part of the proceedings, to any other ship, vessel or place F2. . ..

(3)Without prejudice to the provisions of the last foregoing subsection, a court-martial may, if it appears to the court that an adjournment is desirable for any reason, be adjourned for such period as the court thinks fit:

Provided that except with the consent of the accused and the [F3prosecuting authority][F4, or for the purpose of exercising powers under section 63A of this Act,] the period for which the court may be adjourned under this subsection shall not on any occasion exceed six days.

(4)Subject to the provisions of this section, a court-martial shall, unless prevented by weather or other unavoidable cause, sit from day to day (with the exception of Sundays) until the court has arrived at a finding and, in the case of a conviction, until sentence is pronounced.

Textual Amendments

F1words in s. 56(1) substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 54(2); S.I. 1997/304, art. 2 (with art. 3)

F2Words in s. 56(2) repealed (1.4.1997 with savings) by 1996 c. 46, s. 5, 35(2), Sch. 1 Pt. III para. 54(3), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with art. 3)

F3Words in s. 56(3) substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 PT. III para. 54(4); S.I. 1997/304, art. 2 (with art. 3)

Textual Amendments applied to the whole legislation

F5Act repealed (prosp.)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