Defence Act 1954

191

F228 [ Membership of court-martial board.

191. (1) None of the following persons may serve as a member of a court-martial board:

( a ) the Court-Martial Administrator or a member of his staff;

( b ) the Director or a member of his staff;

( c ) a member of the Defence Forces who has examined into or advised on the matters on which any charge against the accused is based;

( d ) a person who has been or may be summoned as a witness for the prosecution or the accused before the court-martial concerned;

( e ) a member of the Defence Forces who investigated the charge against the accused or took down any summary or abstract of evidence against the accused or who was a member of a court of inquiry inquiring into the matters on which the charge against the accused is based;

( f ) a member of the military police corps;

( g ) any member of the Defence Forces who is a barrister or solicitor;

( h ) any member of the Defence Forces who has a personal interest in the case;

( i ) any member of the Defence Forces who is not for the time being subject to military law;

( j ) an officer or non-commissioned officer who is serving in the same military chain of command as the accused.

(2) A member of a court-martial board shall neither report on, nor be the subject of any report in respect of, the performance of his functions as such member under this Act. ]

Annotations:

Amendments:

F228

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 41, S.I. No. 254 of 2008.