Defence (Amendment) Act 2007

Amendment of section 190 of Principal Act (constitution of limited courts-martial).

40.— The following section is substituted for section 190 of the Principal Act:

“Limited court-martial.

190.— (1) A limited court-martial shall consist of—

(a) a military judge, and

(b) save in the case of a limited court-martial convened pursuant to subsection (8) or (11) of section 212A, a court-martial board of not less than three members specified by or on behalf of the Court-Martial Administrator.

(2) The court-martial board—

(a) shall include—

(i) an officer of the Permanent Defence Force not below the army rank of commandant or the equivalent naval rank, and

(ii) at least one other officer who shall not be below the army rank of lieutenant or the equivalent naval rank,

and

(b) may include not more than one non-commissioned officer who shall not be below the army rank of battalion quarter-master sergeant or the equivalent naval rank and in any case not of a lower rank than the accused.”.