PART 3COURT ADMINISTRATION

Ineligibility for membership of courts-martial18

1

An officer or warrant officer shall not be eligible to be a member of a court-martial for the purpose of any proceedings against an accused if—

a

he serves under the command of—

i

the higher authority who referred the case against the accused to the prosecuting authority;

ii

the prosecuting authority; or

iii

the court administration officer;

b

he serves in the same unit as the accused; or

c

he—

i

has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;

ii

is an advocate or a solicitor in Scotland;

iii

is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland;

iv

has in any of the Channel Islands, the Isle of Man, a Commonwealth country or British overseas territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.