Cap. 220 Art. 96Supplementary provisions as to constitution of courts-martial.

(1) The officer who convened a court-martial shall not be a member of that court-martial:

Provided that if in the case of a field general court-martial it is not practicable in the opinion of the convening officer to appoint another officer as president, he may himself be president of the court-martial.

(2) An officer who at any time between the date on which the accused was charged with the offence and the date of the trial has been the commanding officer of the accused, and any other officer who has investigated the charge against the accused, or who under this Act has held, or has acted as one of the persons holding, an inquiry into matters relating to the subject matter of the charge against the accused, shall not sit as a member of a general or district court-martial or act as judge advocate at such a court-martial.

(3) Where -

(a) the officer convening a general or district court-martial appoints a captain to be president, either because it is not practicable to appoint a field officer or because he is of opinion that a field officer having suitable qualifications is not, with due regard to the public service, available; or

(b) an officer directs that an offender shall be tried by a field general court-martial, being of opinion that it is not possible without serious detriment to the public service that the offender should be tried by a general or district court-martial, or the officer convening a field general court-martial appoints two officers only to be members of the court, being of opinion that three officers having suitable qualifications are not, without serious detriment to the public service, available, or appoints himself to be president, being of opinion that it is not practicable to appoint another officer as president, the order convening the court-martial shall contain a statement of the said reason or opinion, and that statement shall be conclusive.