# The Courts-Martial (Army) Rules 1997, Article 17: Ineligibility for membership of courts-martial


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.

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Source: https://www.legislation.gov.uk/uksi/1997/169/article/17 (the official version)
Page: https://openlegislation.uk/courts-martial-army-rules-1997/article-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.