PART 3COURT ADMINISTRATION

Delegation of the court administration officer’s functions

18.  The court administration officer may delegate any of his functions to a member of the Military Court Service.

Appointment of court officials

19.—(1) The court administration officer may appoint at any time a person or persons to act as—

(a)court recorder;

(b)interpreter,

for the purposes of any proceedings before a court-martial (including a hearing before a judge advocate sitting alone).

Notification of time and place for hearing of the proceedings

20.—(1) On receipt of a copy of the prosecution papers, the court administration officer shall order a court-martial to convene to try the accused.

(2) The court administration officer shall consult the judge advocate before specifying the time and place for the hearing of any proceedings.

(3) Not less than 24 hours before the time appointed for the arraignment of the accused, the court administration officer shall send the convening order to the judge advocate and serve a copy of the convening order on—

(a)the accused;

(b)the prosecuting authority; and

(c)the other members of the court.

(4) At the same time as the accused is served with a copy of the convening order in accordance with paragraph (3), the court administration officer shall notify the accused that any person whom he reasonably requires to give evidence in any proceedings before the court-martial may be notified on his behalf by the court administration officer.

(5) If the court administration officer amends or withdraws the convening order, he shall serve notice in writing on the persons listed in paragraph (3).

Ineligibility for membership of courts-martial

21.—(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;

(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.