Defence Act 1954


F239 [ Challenges by accused.

197. (1) When a court-martial is assembled and before the members of the court-martial board are sworn, their names shall be read to the accused who shall then be asked if he objects to any of them and in the event of an objection the decision as to whether to allow the objection shall be made by the military judge in accordance with the procedure prescribed by court-martial rules.

(2) The procedure for the replacement of a member of the court-martial board in respect of whom an objection has been allowed shall be as prescribed, subject to the same right of the accused to object to the member selected to fill the subsequent vacancy in accordance with subsection (1) of this section. ]




Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 46, S.I. No. 254 of 2008.