C1Part 7Trial by Court Martial

Annotations:
Modifications etc. (not altering text)

Chapter 1The Court Martial

I1I2157Officers F1etc ineligible for membership in particular circumstances

1

An officer is ineligible for membership of the Court Martial for proceedings after the arraignment of a defendant if—

a

he was the commanding officer of the defendant at any time in the period beginning with the date of commission of the offence to which the arraignment relates and ending with the arraignment;

b

he has taken part in investigating the subject matter of any charge against the defendant; or

c

he has conducted (whether alone or with other persons) an inquiry into the subject matter of any charge against the defendant.

2

A warrant officer F2or OR-7 rank is ineligible for membership of the Court Martial for proceedings after the arraignment of a defendant if he falls within subsection (1)(b) or (c).

3

Where a defendant is arraigned in respect of more than one offence, the reference in subsection (1)(a) to the date of commission of the offence there mentioned is to the date of commission of the earliest such offence.

4

Court Martial rules may provide that an officer F3, warrant officer or OR-7 rank of a description prescribed by the rules is ineligible for membership of the Court Martial for a description of proceedings so prescribed.

F45

In this section “OR-7 rank” has the meaning given by section 155(9).