Defence Act, 1954

Constitution of limited courts-martial.

190.—(1) A limited court-martial shall consist of—

(a) a president who, subject to subsection (2) of this section, shall be an officer holding the army rank of commandant or the naval rank of lieutenant-commander or higher commissioned rank, and shall be appointed by the convening authority, and

(b) not less than two other members each of whom shall be an officer holding the army rank of lieutenant or the naval rank of sub-lieutenant or higher commissioned rank, and shall be appointed by the convening authority.

(2) Where it appears to the convening authority that an officer holding the army rank of commandant or the naval rank of lieutenant-commander or higher commissioned rank is, having due regard to military exigencies and the public service, not available to act as president of a limited court-martial, the convening authority may, upon endorsing a certificate to that effect on the order convening the limited court-martial, appoint as president an officer holding the army rank of captain or the naval rank of lieutenant.

(3) Where the person to be tried by a limited court-martial holds a non-commissioned naval rank, then, at least one member of the court-martial shall be a person holding commissioned naval rank.

(4) (a) There shall be in attendance at a limited court-martial a judge-advocate.

(b) The judge-advocate at a limited court-martial shall—

(i) be appointed by the convening authority,

(ii) be an officer, and

(iii) perform such duties as may be prescribed.