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Cap. 220 · Malta Armed Forces Act (Cap. 220)

Cap. 220 Art. 93Constitution of general courts- martial.

PART IV

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(1) A general court-martial shall consist of the president and not less than four other officers.

(2) An officer shall not be appointed a member of a general court-martial unless he belongs to the force, is subject to military law and has held a commission in the force or in any of the forces of a Commonwealth country for a period of not less than three years or for periods amounting in the aggregate to not less than three years.

(3) Not less than four of the members of a general court-martial shall be of a rank not below that of captain.

(4) The president of a general court-martial shall be appointed by order of the convening officer and shall not be under the rank of field officer wherever it is practicable to appoint such an officer or unless in the opinion of the convening officer a field officer having suitable qualifications is not, with due regard to the public service, available; and in any event the president of a general court-martial shall not be under the rank of captain.

(5) The members of a general court-martial, other than the president, shall be appointed by order of the convening officer or in such other manner as may be prescribed.

(6) An officer under the rank of captain shall not be a member of a general court-martial for the trial of an officer above that rank.