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Armed Forces Bill - continued        House of Commons

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SCHEDULE 2
 
  MEMBERSHIP OF COURTS-MARTIAL
 
Army Act 1955 (c. 18)
     1. - (1) Section 84C of the Army Act 1955 (convening of general and district courts-martial) is amended as follows.
 
      (2) In subsection (2)-
 
 
    (a) after paragraph (c) there is inserted-
 
    "(cc) any warrant officers who are to be members of the court-martial;", and
 
    (b) in paragraph (d) after "officers" there is inserted "or warrant officers".
      (3) In subsection (4)(e) after "officer" there is inserted "or warrant officer".
 
     2. For section 84D of that Act (constitution of general and district courts-martial) there is substituted-
 
 
"Constitution of general and district courts-martial.     84D. - (1) A general court-martial shall consist of-
 
    (a) the president, who shall be a military officer,
 
    (b) the judge advocate, and
 
    (c) at least four other persons of whom-
 
      (i) two shall each be either a military officer or a military warrant officer, and
 
      (ii) the rest shall be military officers.
      (2) A district court-martial shall consist of-
 
 
    (a) the president, who shall be a military officer,
 
    (b) the judge advocate, and
 
    (c) at least two other persons of whom-
 
      (i) one shall be either a military officer or a military warrant officer, and
 
      (ii) the rest shall be military officers.
      (3) An officer shall not be appointed as the president of a general or district court-martial unless he has held a commission in any of Her Majesty's naval, military or air forces for a period of not less than the qualifying period or for periods amounting in the aggregate to not less than the qualifying period.
 
      (4) The president of a general or district court-martial shall not be below the rank of field officer unless in the opinion of the court administration officer a field officer having suitable qualifications is not, with due regard to the public service, available; and in any event the president of such a court-martial shall not be below the rank of captain.
 
      (5) An officer shall not be appointed under subsection (1)(c) above as a member of a general court-martial or under subsection (2)(c) above as a member of a district court-martial unless-
 
 
    (a) he has held a commission in any of Her Majesty's naval, military or air forces for a period of not less than the qualifying period or for periods amounting in the aggregate to not less than the qualifying period, or
 
    (b) immediately before receiving his commission, he was a warrant officer in any of those forces.
      (6) In subsections (3) and (5) above "the qualifying period" means-
 
 
    (a) in relation to a general court-martial, three years, and
 
    (b) in relation to a district court-martial, two years.
      (7) A general or district court-martial shall not include any warrant officer unless the court-martial is for the trial of a person of a rank below that of the warrant officer concerned.
 
      (8) A general or district court-martial shall not include an officer appointed under subsection (1)(c) or (2)(c) above who qualifies under subsection (5) above only by virtue of paragraph (b) of that subsection, unless the court-martial is for the trial of a person of a rank below that which the officer held immediately before he received his commission.
 
      (9) Not more than two of the members of a general court-martial appointed under subsection (1)(c) above shall be of a rank below that of captain; and, in the case of a general court-martial for the trial of an officer above the rank of captain, all the members so appointed shall be of or above the rank of captain.
 
      (10) If, in the opinion of the court administration officer, the necessary number of military officers or military warrant officers having suitable qualifications is not, with due regard to the public service, available for appointment under subsection (1)(c) or (2)(c) above, he may appoint under that provision-
 
 
    (a) any naval or air-force officer having qualifications corresponding to those required for a military officer, or
 
    (b) where a military warrant officer could be appointed, any naval or air-force warrant officer having qualifications corresponding to those required for a military warrant officer.
      (11) In this section-
 
 
    "air-force officer" means an officer belonging to Her Majesty's air forces and subject to air-force law;
 
    "air-force warrant officer" means a warrant 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;
 
    "military warrant officer" means a warrant officer belonging to Her Majesty's military forces and subject to military law;
 
    "naval officer" means an officer belonging to Her Majesty's naval forces and subject to the Naval Discipline Act 1957;
 
    "naval warrant officer" means a warrant officer belonging to Her Majesty's naval forces and subject to the Naval Discipline Act 1957."
     3. - (1) Section 92 of that Act (challenges by accused) is amended as follows.
 
      (2) In subsection (2) after "appointed members" there is inserted ", and any warrant officers so appointed,".
 
      (3) In subsection (5)-
 
 
    (a) after "court" there is inserted "or to any warrant officer so appointed",
 
    (b) after "the officer" there is inserted "or warrant officer",
 
    (c) for "officers" there is substituted "members who are officers or warrant officers", and
 
    (d) for "another officer" there is substituted "another person (who may be either an officer or, where the vacancy could in accordance with this Act be filled by a warrant officer, a warrant officer)".
     4. In section 93 of that Act (administration of oaths) in subsection (1) after "every officer" there is inserted "or warrant officer".
 
     5. - (1) Section 103A of that Act (field general courts-martial) is amended as follows.
 
      (2) In subsection (4) after paragraph (c) there is inserted-
 
 
    "(d) any warrant officer who is to be a member of the court-martial."
      (3) After that subsection there is inserted-
 
 
    "(4A) Where a judge advocate, as defined by section 103B(4) of this Act, is to be a member of a field general court-martial, the order convening the court-martial shall state that fact, and state whether the judge advocate is to be appointed by or on behalf of the Judge Advocate General or by the officer convening the court-martial."
 
     6. - (1) Section 103B of that Act (constitution of field general courts-martial) is amended as follows.
 
      (2) In subsection (1) for the words from "consist" onwards there is substituted-
 
 
    " consist of-
 
 
    (a) the president, who shall be a military officer, and
 
    (b) at least two persons appointed under this paragraph, of whom-
 
      (i) one shall be either a military officer or a military warrant officer, and
 
      (ii) the rest shall be military officers."
      (3) In subsection (2) for the words from "three" to "available" there is substituted "three persons having suitable qualifications are not available for appointment under subsection (1)(a) and (b) above".
 
      (4) After subsection (6) there is inserted-
 
 
    "(6A) A field general court-martial shall not include any warrant officer unless the court-martial is for the trial of a person of a rank below that of the warrant officer concerned."
 
      (5) For subsection (7) there is substituted-
 
 
    "(7) If a field general court-martial is to be convened at any place where, in the opinion of the officer convening it, the necessary number of military officers or military warrant officers having suitable qualifications is not, with due regard to the public service, available for appointment under subsection (1)(b) above, he may appoint under that provision-
 
 
    (a) any naval or air-force officer having qualifications corresponding to those required for a military officer, or
 
    (b) where a military warrant officer could be appointed, any naval or air-force warrant officer having qualifications corresponding to those required for a military warrant officer."
      (6) In subsection (8), for "less than three officers" there is substituted "only two persons, apart from any judge advocate (as defined by subsection (4) above),".
 
      (7) In subsection (9)-
 
 
    (a) after the definition of "air-force officer" there is inserted-
 
    ""air-force warrant officer" means a warrant officer belonging to Her Majesty's air forces and subject to air-force law;",
 
    (b) after the definition of "military officer" there is inserted-
 
    ""military warrant officer" means a warrant officer belonging to Her Majesty's military forces and subject to military law;", and
 
    (c) after the definition of "naval officer" there is inserted-
 
    ""naval warrant officer" means a warrant officer belonging to Her Majesty's naval forces and subject to the Naval Discipline Act 1957."
     7. In section 209 (application of Acts to civilians), in subsection (3)(fa) for "officers" there is substituted "officers or warrant officers".
 
 
Air Force Act 1955 (c. 19)
     8. - (1) Section 84C of the Army Act 1955 (convening of general and district courts-martial) is amended as follows.
 
      (2) In subsection (2)-
 
 
    (a) after paragraph (c) there is inserted-
 
    "(cc) any warrant officers who are to be members of the court-martial;", and
 
    (b) in paragraph (d) after "officers" there is inserted "or warrant officers".
      (3) In subsection (4)(e), after "officer" there is inserted "or warrant officer".
 
     9. For section 84D of that Act (constitution of general and district courts-martial) there is substituted-
 
 
"Constitution of general and district courts-martial.     84D. - (1) A general court-martial shall consist of-
 
    (a) the president, who shall be an air-force officer,
 
    (b) the judge advocate, and
 
    (c) at least four other persons, of whom-
 
      (i) two shall each be either an air-force officer or an air-force warrant officer, and
 
      (ii) the rest shall be air-force officers.
      (2) A district court-martial shall consist of-
 
 
    (a) the president, who shall be an air-force officer,
 
    (b) the judge advocate, and
 
    (c) at least two other persons, of whom-
 
      (i) one shall be either an air-force officer or an air-force warrant officer, and
 
      (ii) the rest shall be air-force officers.
      (3) An officer shall not be appointed as the president of a general or district court-martial unless he has held a commission in any of Her Majesty's naval, military or air forces for a period of not less than the qualifying period or for periods amounting in the aggregate to not less than the qualifying period.
 
      (4) The president of a general or district court-martial shall not be below the rank of squadron leader unless in the opinion of the court administration officer a squadron leader having suitable qualifications is not, with due regard to the public service, available; and in any event the president of such a court-martial shall not be below the rank of flight lieutenant.
 
      (5) An officer shall not be appointed under subsection (1)(c) above as a member of a general court-martial or under subsection (2)(c) above as a member of a district court-martial unless-
 
 
    (a) he has held a commission in any of Her Majesty's naval, military or air forces for a period of not less than the qualifying period or for periods amounting in the aggregate to not less than the qualifying period, or
 
    (b) immediately before receiving his commission, he was a warrant officer in any of those forces.
      (6) In subsections (3) and (5) above "the qualifying period" means-
 
 
    (a) in relation to a general court-martial, three years, and
 
    (b) in relation to a district court-martial, two years.
      (7) A general or district court-martial shall not include any warrant officer unless the court-martial is for the trial of a person of a rank below that of warrant officer.
 
      (8) A general or district court-martial shall not include an officer appointed under subsection (1)(c) or (2)(c) above who qualifies under subsection (5) above only by virtue of paragraph (b) of that subsection, unless the court-martial is for the trial of a person of a rank below that which the officer held immediately before he received his commission.
 
      (9) Not more than two of the members of a general court-martial appointed under subsection (1)(c) above shall be of a rank below that of flight lieutenant; and, in the case of a general court-martial for the trial of an officer above the rank of flight lieutenant, all the members so appointed shall be of or above the rank of flight lieutenant.
 
      (10) If, in the opinion of the court administration officer, the necessary number of air-force officers or air-force warrant officers having suitable qualifications is not, with due regard to the public service, available for appointment under subsection (1)(c) or (2)(c) above, he may appoint under that provision-
 
 
    (a) any naval or military officer having qualifications corresponding to those required for an air-force officer, or
 
    (b) where an air-force warrant officer could be appointed, a naval or military warrant officer having qualifications corresponding to those required for an air-force warrant officer.
      (11) In this section-
 
 
    "air-force officer" means an officer belonging to Her Majesty's air forces and subject to air-force law;
 
    "air-force warrant officer" means a warrant 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;
 
    "military warrant officer" means a warrant officer belonging to Her Majesty's military forces and subject to military law;
 
    "naval officer" means an officer belonging to Her Majesty's naval forces and subject to the Naval Discipline Act 1957;
 
    "naval warrant officer" means a warrant officer belonging to Her Majesty's naval forces and subject to the Naval Discipline Act 1957."
     10. - (1) Section 92 of that Act (challenges by accused) is amended as follows.
 
      (2) In subsection (2) after "appointed members" there is inserted ", and any warrant officers so appointed,".
 
      (3) In subsection (5)-
 
 
    (a) after "court" there is inserted "or to any warrant officer so appointed",
 
    (b) after "the officer" there is inserted "or warrant officer",
 
    (c) for "officers" there is substituted "members who are officers or warrant officers", and
 
    (d) for "another officer" there is substituted "another person (who may be either an officer or, where the vacancy could in accordance with this Act be filled by a warrant officer, a warrant officer)".
     11. In section 93 of that Act (administration of oaths) in subsection (1) after "every officer" there is inserted "or warrant officer".
 
     12. - (1) Section 103A of that Act (field general courts-martial) is amended as follows.
 
      (2) In subsection (4) after paragraph (c) there is inserted-
 
 
    "(d) any warrant officer who is to be a member of the court-martial."
      (3) After that subsection there is inserted-
 
 
    "(4A) Where a judge advocate, as defined by section 103B(4) of this Act, is to be a member of a field general court-martial, the order convening the court-martial shall state that fact, and state whether the judge advocate is to be appointed by or on behalf of the Judge Advocate General or by the officer convening the court-martial."
 
     13. - (1) Section 103B of that Act (constitution of field general courts-martial) is amended as follows.
 
      (2) In subsection (1) for the words from "consist" onwards there is substituted-
 
 
    " consist of-
 
 
    (a) the president, who shall be an air-force officer, and
 
    (b) at least two persons appointed under this paragraph, of whom-
 
      (i) one shall be either an air-force officer or an air-force warrant officer, and
 
      (ii) the rest shall be air-force officers."
      (3) In subsection (2) for the words from "three" to "available" there is substituted "three persons having suitable qualifications are not available for appointment under subsection (1)(a) and (b) above".
 
      (4) After subsection (6) there is inserted-
 
 
    "(6A) A field general court-martial shall not include any warrant officer unless the court-martial is for the trial of a person of a rank below that of the warrant officer concerned."
 
      (5) For subsection (7) there is substituted-
 
 
    "(7) If a field general court-martial is to be convened at any place where, in the opinion of the officer convening it, the necessary number of air-force officers or air-force warrant officers having suitable qualifications is not, with due regard to the public service, available for appointment under subsection (1)(b) above, he may appoint under that provision-
 
 
    (a) any naval or military officer having qualifications corresponding to those required for an air-force officer, or
 
    (b) where an air-force warrant officer could be appointed, any naval or military warrant officer having qualifications corresponding to those required for an air-force warrant officer."
      (6) In subsection (8), for "less than three officers" there is substituted "only two persons, apart from any judge advocate (as defined by subsection (4) above),".
 
      (7) In subsection (9)-
 
 
    (a) after the definition of "air-force officer" there is inserted-
 
    ""air-force warrant officer" means a warrant officer belonging to Her Majesty's air forces and subject to air-force law;",
 
    (b) after the definition of "military officer" there is inserted-
 
    ""military warrant officer" means a warrant officer belonging to Her Majesty's military forces and subject to military law;", and
 
    (c) after the definition of "naval officer" there is inserted-
 
    ""naval warrant officer" means a warrant officer belonging to Her Majesty's naval forces and subject to the Naval Discipline Act 1957.".
     14. In section 209 (application of Acts to civilians), in subsection (3)(fa) for "officers" there is substituted "officers or warrant officers".
 
 
Naval Discipline Act 1957
     15. - (1) Section 53C of the 1957 Act (ordering of courts-martial) is amended as follows.
 
      (2) In subsection (2)-
 
 
    (a) after paragraph (c) there is inserted-
 
    "(cc) any warrant officers who are to be members of the court-martial;", and
 
    (b) in paragraph (d) after "officers" there is inserted "or warrant officers".
      (3) In subsection (4)(e) after "officer" there is inserted "or warrant officer".
 
     16. For section 54 of that Act (composition of courts-martial) there is substituted-
 
 
"Composition of courts-martial.     54. - (1) A court-martial shall consist of-
 
    (a) the president, who shall be a naval officer,
 
    (b) the judge advocate, and
 
    (c) not less than four nor more than eight other persons, of whom-
 
      (i) two shall each be either a naval officer or a naval warrant officer, and
 
      (ii) the rest shall be naval officers.
      (2) 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.
 
      (3) An officer shall not be appointed under subsection (1)(c) above as a member of a court-martial unless-
 
 
    (a) he is of or above the rank of lieutenant, and
 
    (b) either of the following conditions is satisfied-
 
      (i) he has been an officer in 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, or
 
      (ii) immediately before he received his commission, he was a warrant officer in any of those forces.
      (4) The officers and warrant officers appointed members of a court-martial shall not all belong to the same ship or naval establishment.
 
      (5) The members appointed under subsection (1)(c) above-
 
 
    (a) in the case of a trial of a warrant officer or officer, shall not include any warrant officer,
 
    (b) shall not include any officer who qualifies under subsection (3)(b) above only by virtue of subsection (3)(b)(ii) above, unless the court-martial is for the trial of a person of a rank or rate below that which the officer held immediately before he received his commission,
 
    (c) in the case of a trial of an officer of flag rank, shall be of or above the rank of captain,
 
    (d) in the case of a trial of a commodore or captain, shall be of or above the rank of commander,
 
    (e) in the case of a trial of a commander, shall include at least two members who are of or above the rank of commander.
      (6) If, in the opinion of the court administration officer, the necessary number of naval officers or naval warrant officers having suitable qualifications is not, with due regard to the public service, available for appointment under subsection (1)(c) above, he may appoint under that provision-
 
 
    (a) any military or air-force officer having qualifications corresponding to those required for a naval officer, or
 
    (b) where a naval warrant officer could be appointed, any military or air-force warrant officer having qualifications corresponding to those required for a naval warrant officer.
      (7) In this section-
 
 
    "air-force officer" means an officer belonging to Her Majesty's air forces and subject to air-force law;
 
    "air-force warrant officer" means a warrant 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;
 
    "military warrant officer" means a warrant officer belonging to Her Majesty's military forces and subject to military law;
 
    "naval officer" means an officer belonging to Her Majesty's naval forces and subject to the Naval Discipline Act 1957;
 
    "naval warrant officer" means a warrant officer belonging to Her Majesty's naval forces and subject to the Naval Discipline Act 1957;
 
    "warrant officer" does not include an acting warrant officer (that is, a warrant officer whom a commanding officer has power under Queen's Regulations to order to revert from the rank of warrant officer)."
     17. - (1) Section 59 of that Act (challenges by accused) is amended as follows.
 
      (2) In subsection (1), after "court-martial" there is inserted ", and any warrant officers so appointed,".
 
      (3) In subsection (4)-
 
 
    (a) after "court", where first occurring, there is inserted "or to any warrant officer so appointed",
 
    (b) after "officer", where second occurring, there is inserted "or warrant officer".
      (4) In subsection (6) after "court-martial" there is inserted ", and any warrant officers so appointed,".
 
     18. In section 118 (application of Acts to civilians), for subsection (3A) there is substituted-
 
 
    "(3A) A court-martial for the trial of any such person may include in place of the corresponding number of persons eligible to be appointed under section 54(1)(c) of this Act not more than two persons who are in the service of the Crown and are persons to whom this Act applies by virtue of this section."
 
 
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