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Article 24 Officers who are ineligible to hear particular appeals

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 sit as a member of the court for the purposes of hearing an appeal (although otherwise qualified under section 52FH of the Act or rule 23) if—

(a)

he has been the appellant’s commanding officer at any time between—

(i)

the date on which any offence to which the appeal relates was reported to the appellant’s commanding officer under section 52B(1) of the Act, and

(ii)

the date of the hearing of the appeal;

(b)

he was the higher authority to whom any charge to which the appeal relates was referred under section 52B(5) of the Act;

(c)

as higher authority, he approved or otherwise consented to any punishment awarded in respect of any charge to which the appeal relates;

(d)

he has at any time investigated the subject matter of any charge to which the appeal relates;

(e)

he has at any time held, or has acted as one of the persons holding, an inquiry into matters relating to the subject matter of any charge to which the appeal relates.