(1)Before the [F1officers appointed] members of a court-martial [F2, and any warrant officers so appointed,] are sworn, the names of the [F3members of] the court shall be read over in the presence of the accused, and he shall be asked whether he objects to [F3any of those members].
(2)Every objection made by the accused in respect of any [F4member]shall be [F5determined by the judge advocate].
[F6(3)If an objection to the president is allowed, the court shall be dissolved.]
(4)If [F7an objection to any other officer appointed a member of the court [F8or to any warrant officer so appointed] is allowed], the member objected to shall retire, and the vacancy shall be filled by the first officer [F9or warrant officer][F10appointed] as a spare member in accordance with the provisions of [F11section 53C] of this Act who is qualified to be and is not already a member of the court.
[F12(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 [F13Judge Advocate of Her Majesty’s Fleet] .]
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)After the [F14officers appointed] members of a court-martial [F15, and any warrant officers so appointed,] 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 [F16the [F17reviewing 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
F1Words 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)
F2Words in s. 59(1) inserted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 17(2); S.I. 2002/345, art. 2 (subject to art. 3)
F3Words 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)
F4Word 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)
F5Words 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)
F6S. 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)
F7S. 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"]
F8Words in s. 59(4) inserted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 17(3)(a); S.I. 2002/345, art. 2 (subject to art. 3)
F9Words in s. 59(4) inserted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 17(3)(b); S.I. 2002/345, art. 2 (subject to art. 3)
F10Word 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)
F11Words 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)
F12S. 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)
F13Words in s. 59(4A) substituted (16.1.2004) by The Naval Discipline Act 1957 (Remedial) Order 2004 (S.I. 2004/66), art. 2(7)
F14Words 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)
F15Words in s. 59(6) inserted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 17(4); S.I. 2002/345, art. 2 (subject to art. 3)
F16Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F17Words 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
F18Act 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