(1)Subject to the provisions of this section, a court-martial may be ordered by the Admiralty, or by any officer of the Royal Navy who is authorised in that behalf by commission granted by the Admiralty.
(2)Where an officer authorised as aforesaid, and being in command of any fleet or squadron of Her Majesty's ships abroad, dies, is recalled, leaves his station or is removed from his command, the officer on whom the command of the fleet or squadron for the time being devolves, may exercise the like power to order courts-martial as was exercisable by the officer authorised as aforesaid.
(3)Where an officer authorised to order a court-martial and being in command of any fleet or squadron of Her Majesty's ships abroad—
(a)detaches any part of the fleet or squadron on separate service; or
(b)separates himself from any part of the fleet or squadron,
he may by commission authorise the officer who from time to time is in command of that part of the fleet or squadron to order courts-martial therein during the continuance in force of the commission; and any such commission shall continue in force until revoked by the officer by whom it was granted or by the officer for the time being in command of the fleet or squadron.
(4)Where there is present at any place an officer subject to this Act who is in command of any of Her Majesty's ships or naval establishments, and is superior in rank to another officer who, apart from this subsection, would have power to order a court-martial to be held at that place, that power shall be exercisable by the first-mentioned officer to the exclusion of the said other officer.
(5)Where it appears to an officer authorised by or under this section to order a court-martial in respect of any matter that by reason of his own concern with that matter it is undesirable for him to determine whether a court-martial should be ordered, he shall either—
(a)request a flag officer to act on his behalf; or
(b)if no such officer is available, give notice of the case to the Admiralty;
and a flag officer so requested to act may order a court-martial accordingly notwithstanding anything in subsection (4) of this section, and whether or not he is otherwise authorised to order a court-martial.
(1)A court-martial shall consist of not less than five nor more than nine officers, being officers of Her Majesty's naval forces subject to this Act who are of or above the rank of lieutenant.
(2)An officer shall not be appointed a member of a court-martial unless he has held a commission in any of the armed forces of the Crown for a period of not less than three years or for periods amounting in the aggregate to not less than three years.
(3)The members of a court-martial, and such spare members as the authority ordering the court-martial considers appropriate for the purpose of filling vacancies, shall be nominated by that authority.
(4)The officer who orders a court-martial shall not be a member of the court-martial; and no court-martial shall consist of officers all of whom belong to the same ship or naval establishment.
(5)The president of a court-martial shall not be below the rank of captain, and in the case of a court-martial for the trial of an officer of flag rank shall be an officer of flag rank.
(6)A court-martial for the trial of an officer of flag rank shall not include any member below the rank of captain.
(7)A court-martial for the trial of a commodore or captain shall not include any member below the rank of commander.
(8)A court-martial for the trial of a commander shall include at least two members, in addition to the president, who are not below the rank of commander.
(1)For the purposes of every court-martial there shall be appointed a judge advocate and a clerk of the court, who shall respectively perform such functions at and in relation to the trial as may be prescribed by this Part of this Act or by General Orders made thereunder.
(2)The judge advocate and the clerk of the court may be appointed respectively by the authority by whom the court-martial is ordered or by such officer as that authority may direct; and in default of any such appointment, the judge advocate or clerk of the court as the case may be, shall be appointed by the officer nominated as president of the court-martial.
(1)A court-martial shall be held on board such of Her Majesty's ships or vessels, or at such premises on shore, whether within or out of the United Kingdom, as may be appointed by the authority ordering the court-martial, of by any officer designated in that behalf by that authority.
(2)A court-martial may, if it appears to the court to be expedient in the interests of justice, be adjourned, either generally or for the purpose of any part of the proceedings, to any other ship, vessel or place and shall, if so required by the authority or officer referred to in subsection (1) of this section, be adjourned to any other ship, vessel or place appointed by that authority or officer.
(3)Without prejudice to the provisions of the last foregoing subsection, a court-martial may, if it appears to the court that an adjournment is desirable for any reason, be adjourned for such period as the court thinks fit:
Provided that except with the consent of the accused and the prosecutor the period for which the court may be adjourned under this subsection shall not on any occasion exceed six days.
(4)Subject to the provisions of this section, a court-martial shall, unless prevented by weather or other unavoidable cause, sit from day to day (with the exception of Sundays) until the court has arrived at a finding and, in the case of a conviction, until sentence is pronounced.
(1)If at any time between the nomination of the members of a court-martial and the pronouncement of sentence by that court the president dies or is otherwise unable to attend, the court shall be dissolved and the accused may be tried by another court.
(2)The proceedings of a court-martial shall be valid notwithstanding the absence of one or more of the members other than the president, so long as the number of members present throughout the proceedings is not reduced below four:
Provided that a member of the court who has been absent for any time during a sitting shall take no further part in the proceedings.
(3)Nothing in this section shall prejudice any power of the authority by whom a court-martial is ordered to dissolve the court