Defence Forces (Temporary Provisions) Act, 1923

Procedure generally.

105.—(1) If a Court-Martial after the commencement of the trial is by death or otherwise reduced below the legal minimum it shall be dissolved.

(2) If after the commencement of the trial the President dies or is otherwise unable to attend and the Court is not reduced below the legal minimum, the Convening Officer may appoint the senior member of the Court, if of sufficient rank, to be President and the trial shall proceed accordingly, but if he is not of sufficient rank the Court shall be dissolved.

(3) If on account of illness of the accused before the finding, it is impossible, within what appears a reasonable time to the Convening Officer, to continue the trial, the Court may be dissolved by the Convening Officer.

(4) Where a Court-Martial is dissolved under the foregoing provisions of this Section, the accused may be tried again.

(5) The President of any Court-Martial may on any deliberation amongst the members cause the Court to be cleared of all other persons, except the Judge-Advocate.

(6) The Court may adjourn from time to time.

(7) The Court may also, when necessary, view any place.

Miscellaneous Provisions as to Courts-Martial.