HC Deb 09 May 1996 vol 277 c430

54.—(1) A court-martial shall consist of the president, not less than four nor more than eight other naval officers and the judge advocate.

(2) An officer shall not be appointed a member of a court-martial unless he is of or above the rank of lieutenant and he has been an officer of any of Her Majesty's naval, military or air forces for a period of not less than three years or for periods amounting in the aggregate to not less than three years.

(3) The officers appointed members of a court-martial shall not all belong to the same ship or naval establishment.

(4) The president of a court-martial shall not be below the rank of captain, and in the case of a court-martial for the trial of an officer of flag rank shall be an officer of flag rank.

(5) A court-martial for the trial of an officer of flag rank shall not include any member below the rank of captain.

(6) A court-martial for the trial of a commodore or captain shall not include any member below the rank of commander.

(7) A court-martial for the trial of a commander shall include at least two members, in addition to the president, who are not below the rank of commander.

(8) If, in the opinion of the court administration officer, the necessary number of naval officers having suitable qualifications is not, with due regard to the public service, available, he may appoint as any member of the court (but not as its president) any military or air-force officer of corresponding rank to that required for a naval officer.

(9) In this section—

53. Section 55 shall cease to have effect.

54.—(1) Section 56 (place and time of sittings of courts-martial) shall be amended as follows.

(2) In subsection (1), for the words from "appointed" to the end there shall be substituted the words "specified in the order assembling the court".

(3) In subsection (2), the words from "and shall" to the end shall cease to have effect.

(4) In subsection (3), for the word "prosecutor" there shall be substituted the words "prosecuting authority".

55. After section 56 there shall be inserted the following section—