S.L. 220.4 Art. 24Preliminary matters to be considered by court and beginning of trial.

(1) Upon a court-martial assembling, the court shall, before beginning the trial, satisfy themselves in closed court:

(a) that the court has been convened in accordance with the Act and these Rules;

(b) that the court consists of not less than the legal minimum of officers;

(c) that the president and members are of the required rank;

(d) that the president and members have been duly appointed and are not disqualified under the Act;

(e) if there is a judge advocate, that he has been duly appointed;

(f) that the accused appears from the charge sheet to be subject to military law or otherwise liable to trial by court-martial and to be subject to the jurisdiction of the court; and

(g) that each charge is on its facts correct in law and framed in accordance with these Rules.

(2) (a) Where a vacancy occurs through a member of the court being disqualified under the Act or being absent when the court assembles, the president may appoint a duly qualified waiting member to fill that vacancy.

(b) The president may, if the interests of justice so require, substitute a duly qualified waiting member for a member appointed by the convening officer.

(3) If the court is not satisfied on any of the matters mentioned in sub-rule (1), and is not competent to rectify such matter itself under the Act or these Rules, it shall, before commencing the trial, report to the convening officer thereon.

(4) When the court has complied with this Rule and is ready to proceed with the trial, the president shall open the court and the trial shall begin.