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Naval Discipline Act 1957

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This is the original version (as it was originally enacted).

54Composition of courts-martial

(1)A court-martial shall consist of not less than five nor more than nine officers, being officers of Her Majesty's naval forces subject to this Act who are of or above the rank of lieutenant.

(2)An officer shall not be appointed a member of a court-martial unless he has held a commission in any of the armed forces of the Crown for a period of not less than three years or for periods amounting in the aggregate to not less than three years.

(3)The members of a court-martial, and such spare members as the authority ordering the court-martial considers appropriate for the purpose of filling vacancies, shall be nominated by that authority.

(4)The officer who orders a court-martial shall not be a member of the court-martial; and no court-martial shall consist of officers all of whom belong to the same ship or naval establishment.

(5)The president of a court-martial shall not be below the rank of captain, and in the case of a court-martial for the trial of an officer of flag rank shall be an officer of flag rank.

(6)A court-martial for the trial of an officer of flag rank shall not include any member below the rank of captain.

(7)A court-martial for the trial of a commodore or captain shall not include any member below the rank of commander.

(8)A court-martial for the trial of a commander shall include at least two members, in addition to the president, who are not below the rank of commander.

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