HC Deb 09 May 1996 vol 277 c427

103A.—(1) Where an officer to whom this subsection applies—

  1. (a) is commanding a body of the regular air force on active service; and
  2. (b) is of opinion that it is not possible without serious detriment to the public service for a charge against a member of that body to be tried by a general or district court-martial, he may direct that the charge be tried by a field general court-martial.

(2) Subsection (1) above applies to—

  1. (a) the commanding officer who has investigated the charge;
  2. (b) the commanding officer or appropriate superior authority who has determined on a summary dealing that the charge against the accused has been proved, in a case where the accused has elected court-martial trial and that election has not been withdrawn;
  3. (c) where the charge is against an officer or warrant officer, the higher authority to whom the charge has been referred by the commanding officer.

(3) If an officer to whom subsection (1) above applies directs that a charge be tried by a field general court-martial, he shall by order convene a field general court-martial.

(4) The order convening the field general court-martial shall specify—

  1. (a) the date, time and place at which the court-martial is to sit;
  2. (b) the officers who are to be members of the court-martial;
  3. (c) which of those officers is to be president of the court-martial.

(5) At any time before the commencement of the trial, the officer who convened the field general court-martial may, in accordance with rules under section 103C of this Act, amend or withdraw the order convening the court-martial.

(6) Subject to subsection (7) below, the officer convening the field general court-martial shall not be a member of the court-martial.

(7) The officer convening the field general court-martial may be its president if, in his opinion, it is not possible, without serious detriment to the public service, to appoint another officer as president.

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