Defence Act 1954

189

F226 [ General court-martial.

189. (1) A general court-martial shall consist of

( a ) a military judge, and

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

(2) Where the accused is an officer, the court-martial board shall include

( a ) an officer of the Permanent Defence Force not below the army rank of colonel or the equivalent naval rank and in any case not of a lower rank than the accused, and

( b ) not less than four other officers, none of whom shall be below the army rank of captain or the equivalent naval rank.

(3) Where the accused is not an officer, the court-martial board

( a ) shall include

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

(ii) not less than three other officers, none of whom shall be below the army rank of captain 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. ]

Annotations:

Amendments:

F226

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 39, S.I. No. 254 of 2008.