HC Deb 09 May 1996 vol 277 cc423-6

84D.—(1) A general court-martial shall consist of the president, not less than four other air-force officers and the judge advocate.

(2) A district court-martial shall consist of the president, not less than two other air-force officers and the judge advocate.

(3) An officer shall not be appointed a member of a general court-martial unless he has held a commission in 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.

(4) An officer shall not be appointed a member of a district court-martial unless he has held a commission in any of Her Majesty's naval, military or air forces for a period of not less than two years or for periods amounting in the aggregate to not less than two years.

(5) Not less than four of the members of a general court-martial shall be of a rank not below that of flight lieutenant.

(6) A general court-martial for the trial of an officer above the rank of flight lieutenant shall not include any member below the rank of flight lieutenant.

(7) The president of a general or district court-martial shall not be below the rank of squadron leader unless in the opinion of the court administration officer a squadron leader having suitable qualifications is not, with due regard to the public service, available; and in any event the president of such a court-martial shall not be below the rank of flight lieutenant.

(8) If, in the opinion of the court administration officer, the necessary number of air-force 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 naval or military officer of corresponding rank to that required for an air-force officer.

(9) In this section—

36. Section 85(3) shall cease to have effect.

37. Sections 86 to 90 shall cease to have effect.

38.—(1) Section 91 (place for sitting of court-martial and adjournment to other places) shall be amended as follows.

(2) In subsection (1)—

  1. (a) for the words "Her Majesty's dominions" there shall be substituted the words "the United Kingdom"; and
  2. (b) the words from "and the convening officer" to the end shall cease to have effect.

(3) In subsection (2), for the words from "shall" to "direction" there shall be substituted the word "may".

39.—(1) Section 92 (challenges by accused to members of court-martial) shall be amended as follows.

(2) In subsection (1), for the word "officer" there shall be substituted the word "member".

(3) In subsection (2)—

  1. (a) for the word "they" there shall be substituted the words "the officers appointed members"; and
  2. (b) for the words "those officers" there shall be substituted the words "the members".

(4) In subsection (3)—

  1. (a) for the word "officer" there shall be substituted the word "member"; and
  2. (b) for the words from "considered" to the end there shall be substituted the words "determined by the judge advocate".

(5) In subsection (4)—

  1. (a) for the words from "objection" to "it" there shall be substituted the words "an objection to the president is allowed"; and
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  3. (b) for the word "convening" there shall be substituted the words "court administration".

(6) In subsection (5)—

  1. (a) for the words from "objection" to "it" there shall be substituted the words "an objection to any other officer appointed a member of the court is allowed";
  2. (b) for the word "member" in the second place it appears there shall be substituted the word "officer"; and
  3. (c) for the word "members" in the second place it appears there shall be substituted the word "officers".

(7) After subsection (5) there shall be added the following subsection— (6) 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 Judge Advocate General.

40.—(1) Section 93 (administration of oaths) shall be amended as follows.

(2) In subsection (1)—

  1. (a) after the word "every" there shall be inserted the words "officer appointed a"; and
  2. (b) the words "other than an exempted person" and "judge advocate" shall cease to have effect.

(3) Subsection (1A) shall cease to have effect.

41. In section 94 (courts-martial to sit in open court), after subsection (5) there shall be added the following subsections—

"(6) The judge advocate shall not be present while the other members of the court are deliberating on their finding on any charge.

(7) Any ruling or direction of the judge advocate on a question of law (including a question of procedure or practice) shall be given in open court.

(8) The judge advocate may determine, and give rulings on, questions of law (including questions of procedure and practice) in the absence of the other members of the court and of any officers and other persons under instruction."

42.—(1) Section 95 (dissolution of courts-martial) shall be amended as follows.

(2) In subsection (1)—

  1. (a) for the words "whether before or after" there shall be substituted the word "before"; and
  2. (b) for the word "convening" in both places it appears there shall be substituted the words "court administration".

(3) After subsection (1) there shall be inserted the following subsection—

"(1 A) Where, after the commencement of the trial, it appears to the judge advocate necessary or expedient in the interests of the administration of justice that a court-martial should be dissolved, he may by order dissolve the court-martial."

(4) In subsection (3), for the words "convening officer" there shall be substituted the words "judge advocate".

(5) Subsection (4) shall cease to have effect.

43.—(I) Section 96 (decisions of courts-martial) shall be amended as follows.

(2) In subsection (1), for the words from "every" to "court-martial" there shall be substituted the words "the finding of a court-martial and any sentence awarded".

(3) After subsection (1) there shall be inserted the following subsection—

"(1A) The judge advocate shall not be entitled to vote on the finding."

(4) In subsection (3)—

  1. (a) after the word "court" in the second place it appears there shall be inserted the words "entitled to vote on the finding"; and
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  3. (b) for the words "the members" in the second place they appear there shall be substituted the words "those members".

(5) In subsection (5), the words from "or on" to "finding" shall cease to have effect.

44. In section 97(3) (sentence of court-martial to be announced in open court) after the word "mercy" there shall be inserted the words "and any reasons for the sentence".

45.—(1) Section 99 (rules of evidence) shall be amended as follows.

(2) In subsection (1)—

  1. (a) for the words "civil courts" there shall be substituted the words "trials on indictment"; and
  2. (b) for the words "before a civil court" there shall be substituted the words "in a trial on indictment".

(3) In subsection (3), for the words "civil court" there shall be substituted the words "trial on indictment".

46. For section 103 there shall be substituted the following section—

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