Defence (Amendment) Act 2007

Chapter 4


Insertion of new Chapter: Court-Martial Administrator.

32.— The following Chapter is inserted after Chapter IV of Part V of the Principal Act:

“Chapter IVA

Court-Martial Administrator

Appointment of Court-Martial Administrator.

184A.— (1) An officer of the Permanent Defence Force not below the army rank of colonel or the equivalent naval rank may by warrant of the Judge Advocate-General be appointed as the Court-Martial Administrator.

(2) A warrant under this section may be made subject to such restrictions, reservations, exceptions and conditions as the Judge Advocate-General thinks fit including terms and conditions relating to the delegation by the Court-Martial Administrator of his functions under this Act.

(3) A warrant under this section—

(a) may be addressed to an officer by name or by designation of his office or partly in one way and partly in another, and

(b) may or may not, according to the terms of the warrant and the mode in which it is addressed—

(i) be limited to an officer named, or

(ii) be extended to a person for the time being performing the duties of the office named, or

(iii) be extended to the successors in office of an officer.

(4) The Court-Martial Administrator shall be independent in the performance of his functions.

(5) The Court-Martial Administrator shall neither report on, nor be the subject of any report in respect of, the performance of his functions under this Act.

Functions of Court-Martial Administrator.

184B.— (1) The Court-Martial Administrator shall manage and control generally the administration and business of courts-martial and shall perform such other functions as may be specified or prescribed by or under this Act.

(2) The Court-Martial Administrator shall act under the general supervision of the Judge Advocate-General.

(3) The Court-Martial Administrator shall provide to the Judge Advocate-General such information in relation to the performance of his functions as the Judge Advocate-General may from time to time require.

(4) The Court-Martial Administrator shall—

(a) as directed by the Director under this Part, convene general courts-martial and limited courts-martial and refer any charge or other matter to the summary court-martial, and

(b) in the case of a general court-martial or limited court-martial, specify the members of the court-martial board.

(5) Subject to the terms of the warrant under section 184A, the functions of the Court-Martial Administrator may be delegated by him from time to time to any other person or persons or class or classes of persons for such purposes as may be specified in the warrant.”.