Defence (Amendment) Act 2007

Amendment of section 191 of Principal Act (disqualifications for membership of courts-martial).

41.— The following section is substituted for section 191 of the Principal Act:

“Membership of court-martial board.

191.— (1) None of the following persons may serve as a member of a court-martial board:

(a) the Court-Martial Administrator or a member of his staff;

(b) the Director or a member of his staff;

(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;

(d) a person who has been or may be summoned as a witness for the prosecution or the accused before the court-martial concerned;

(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;

(f) a member of the military police corps;

(g) any member of the Defence Forces who is a barrister or solicitor;

(h) any member of the Defence Forces who has a personal interest in the case;

(i) any member of the Defence Forces who is not for the time being subject to military law;

(j) an officer or non-commissioned officer who is serving in the same military chain of command as the accused.

(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.”.