Naval Discipline Act 1957 (repealed)

59 Challenge by accused.F13 U.K.

(1) Before the [F1 officers appointed] members of a court-martial are sworn, the names of the [F2 members of] the court shall be read over in the presence of the accused, and he shall be asked whether he objects to [F2 any of those members].

(2) Every objection made by the accused in respect of any [F3 member] shall be [F4 determined by the judge advocate].

[F5 (3) If an objection to the president is allowed, the court shall be dissolved.]

(4) If [F6 an objection to any other officer appointed a member of the court is allowed], the member objected to shall retire, and the vacancy shall be filled by the first officer [F7 appointed] as a spare member in accordance with the provisions of [F8 section 53C] of this Act who is qualified to be and is not already a member of the court.

[F9 (4A) If an objection to the judge advocate is allowed, the judge advocate shall retire and another judge advocate shall be appointed by or on behalf of the Chief Naval Judge Advocate.]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) After the [F10 officers appointed] members of a court-martial have been duly sworn, no question as to the constitution of the court shall be raised in the proceedings, but without prejudice to any power of the Courts-Martial Appeal Court or of [F11 the [F12 reviewing authority]] in a case in which it appears that a substantial miscarriage of justice has occurred by reason of the court not having been duly constituted.

Textual Amendments

F1 Words in s. 59(1) inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 58(1)(2)(a); S.I. 1997/304, art. 2 (with art. 3)

F2 Words in s. 59(1) substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 58(2); S.I. 1997/304, art. 2 (with art. 3)

F3 Word in s. 59(2) substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 58(3)(a); S.I. 1997/304, art. 2 (with art. 3)

F4 Words in s. 59(2) substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 58(3)(b); S.I. 1997/304, art. 2 (with art. 3)

F5 S. 59(3) substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 58(4); S.I. 1997/304, art. 2 (with art. 3)

F6 S. 59(4): it is provided (1.4.1997 with savings) that for the words from "objection" to "the member" there shall be substituted the words "an objection to any other officer appointed a member of the court is allowed" by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 58(5)(a); S.I. 1997/304, art. 2 (with art. 3) [Editorial note: it is thought that it was not the drafter's intention to remove the words "the member"]

F7 Word in s. 59(4) substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 58(5)(b); S.I. 1997/304, art. 2 (with art. 3)

F8 Words in s. 59(4) substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 58(5)(c); S.I. 1997/304, art. 2 (with art. 3)

F9 S. 59(4A) inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 58(6); S.I. 1997/304, art. 2 (with art. 3)

F10 Words in s. 59(6) inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 58(8)(a); S.I. 1997/304, art. 2 (with art. 3)

F11 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F12 Words in s. 59(6) substituted (1.4.1997 with savings) by virtue of 1996 c. 46, s. 5, Sch. 1 Pt. III para. 58(8)(b); S.I. 1997/304, art. 2 (with art. 3)

Textual Amendments applied to the whole legislation

F13 Act 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