Defence Act, 1954

Constitution of general courts-martial.

189.—(1) A general 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 colonel or the naval rank of captain or higher commissioned rank, and shall be appointed by the convening authority, and

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

(2) The following provisions shall apply in relation to the president of a general court-martial—

(a) where the person to be tried is an officer, the president shall in no case be an officer holding a rank lower than that of such person;

(b) where it appears to the convening authority that an officer holding the army rank of colonel or the naval rank of captain or higher commissioned rank is, having due regard to military exigencies and the public service, not available to act as president, the convening authority may, upon endorsing a certificate to that effect on the order convening the general court-martial, appoint, subject however to paragraph (a) of this subsection, as president an officer holding the army rank of captain or the naval rank of lieutenant or higher commissioned rank.

(3) Where the person to be tried by a general court-martial holds a commissioned naval rank or 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 general court-martial a judge-advocate.

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

(i) be appointed by the prescribed authority,

(ii) be an officer and either a barrister-at-law or a solicitor, and

(iii) perform such duties as may be prescribed.