Defence Act, 1954

Disqualifications for membership of courts-martial and for acting as judge-advocate.

191.—(1) An officer who convenes a court-martial shall not sit on that court-martial.

(2) None of the following persons shall be qualified to serve as a member of, or to act as judge-advocate at, any court-martial, that is to say:—

(a) an officer who has examined into or advised on the matters on which the charge against the accused is based,

(b) the prosecuting officer,

(c) an officer who is a witness for the prosecution,

(d) any officer who investigated the charge against the accused or took down any summary or abstract of evidence in the case, or who was a member of a court of inquiry respecting the matters on which the charge against the accused is based,

(e) the commanding officer of the accused,

(f) any officer who has a personal interest in the case,

(g) any officer who is not for the time being subject to military law,

(h) an officer who, in an advisory capacity, dealt with the charges to be tried by the court-martial or the evidence to be produced at the court-martial or the conduct of the prosecution at the court-martial.