Armed Forces Act 1996

52For section 54 there shall be substituted the following section—

“54Composition of courts-martial

(1)A court-martial shall consist of the president, not less than four nor more than eight other naval officers and the judge advocate.

(2)An officer shall not be appointed a member of a court-martial unless he is of or above the rank of lieutenant and he has been an officer of any of Her Majesty’s naval, military or air forces for a period of not less than three years or for periods amounting in the aggregate to not less than three years.

(3)The officers appointed members of a court-martial shall not all belong to the same ship or naval establishment.

(4)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.

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

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

(7)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.

(8)If, in the opinion of the court administration officer, the necessary number of naval officers having suitable qualifications is not, with due regard to the public service, available, he may appoint as any member of the court (but not as its president) any military or air-force officer of corresponding rank to that required for a naval officer.

(9)In this section—

• “air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;

• “military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and

• “naval officer” means an officer belonging to Her Majesty’s naval forces and subject to this Act.”