Defence Act 1954

Counsel at courts-martial.

196

196. (1) The prosecutor at a court-martial may be represented by counsel.

(2) Any person being tried by a court-martial may be represented by counsel or, if not represented by counsel, by an officer subject to military law.

(3) Any conduct of counsel which would be liable to censure or would be contempt of court if it took place before the High Court shall be likewise deemed liable to censure or be deemed contempt of court in the case of a court-martial, and rules prescribed for practice of courts-martial and the guidance of counsel shall be binding on counsel appearing before such courts-martial and any wilful disobedience of such rules shall be professional misconduct and if persevered in be deemed contempt of court.

(4) Where a counsel at a court-martial is guilty of conduct liable to censure or is guilty of contempt of court, the F238 [ military judge ] may certify the offence of such counsel under his hand to the High Court, and the High Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of such counsel in like manner as if he had been guilty of contempt of the High Court.

(5) A court-martial may, by order under the hand of the F238 [ military judge ], cause a counsel to be removed from the court who is guilty of such an offence as may in the opinion of the court require his removal from court, but in every such case the F238 [ military judge ] shall certify the offence to the High Court under the immediately preceding subsection.

(6) In this section, the word “ counsel” means a person who is either a barrister-at-law or a solicitor.

Annotations:

Amendments:

F238

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.