Defence Forces (Temporary Provisions) Act, 1923

General Courts-Martial.

91.—(1) Every General Court-Martial shall be convened by the Adjutant-General, or by such officer as he shall authorise to convene the same.

(2) A General Court-Martial shall have jurisdiction to try any person subject to military law for any offence mentioned in this Act.

(3) A General Court-Martial shall be constituted as follows:—

(a) A President who shall be of a rank not lower than Colonel, and shall be appointed by the Convening Officer: Provided always that where it appears to the Convening Officer that an officer of a rank not lower than that of Colonel is not available to act as such President (having due regard to military exigencies and the public service) the Convening Officer may, upon endorsing a certificate to that effect upon the order convening such General Court-Martial, appoint to act as such President an Officer of a rank not lower than that of Captain: Provided always that in no case shall the President of a General Court-Martial be of lower rank than the accused person.

(b) Not more than seven and not less than three other officers who shall not be of a rank lower than Captain and shall be appointed by the Convening Officer.

(4) (a) There shall be in attendance at every General Court-Martial a Judge-Advocate appointed by the prescribed officer.

(b) A Judge-Advocate at a General Court-Martial shall be a person duly qualified as a Barrister-at-Law, or a Solicitor in Saorstát Eireann, and an officer of the Forces.

(c) The duties of a Judge-Advocate shall be as prescribed.