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Article 17 Ineligibility for membership of courts-martial

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

An officer shall not be eligible to be a member of a court-martial for the trial of an accused if—

(a)

he serves under the command of—

(i)

the higher authority who referred the case against the accused to the prosecuting authority;

(ii)

the prosecuting authority; or

(iii)

the court administration officer;

(b)

he—

(i)

has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;

(ii)

is an advocate or a solicitor in Scotland;

(iii)

is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland;

(iv)

has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.