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Amendment of section 191 of Principal Act (disqualifications for membership of courts-martial).
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41.— The following section is substituted for section 191 of the Principal Act:
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“Membership of court-martial board.
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191.— (1) None of the following persons may serve as a member of a court-martial board:
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(a) the Court-Martial Administrator or a member of his staff;
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(b) the Director or a member of his staff;
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(c) a member of the Defence Forces who has examined into or advised on the matters on which any charge against the accused is based;
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(d) a person who has been or may be summoned as a witness for the prosecution or the accused before the court-martial concerned;
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(e) a member of the Defence Forces who investigated the charge against the accused or took down any summary or abstract of evidence against the accused or who was a member of a court of inquiry inquiring into the matters on which the charge against the accused is based;
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(f) a member of the military police corps;
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(g) any member of the Defence Forces who is a barrister or solicitor;
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(h) any member of the Defence Forces who has a personal interest in the case;
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(i) any member of the Defence Forces who is not for the time being subject to military law;
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(j) an officer or non-commissioned officer who is serving in the same military chain of command as the accused.
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(2) A member of a court-martial board shall neither report on, nor be the subject of any report in respect of, the performance of his functions as such member under this Act.”.
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