Part II U.K. Trial and punishment of offences

[F1 The summary appeal court] U.K.

Textual Amendments

F1 S. 52FF and crossheading inserted (2.10.2000) by 2000 c. 4, s. 14(2); S.I. 2000/2366, art. 2 (with Sch. para. 15)

[F2 52FJ Constitution of summary appeal court for appeals.F6 U.K.

(1) For the purpose of hearing an appeal, the summary appeal court shall consist of—

(a) one of the judge advocates appointed under section 52FG of this Act, and

[F3 (b) an officer qualified under section 52FH of this Act for membership of the court, and

(c) a third person who is either—

(i) an officer qualified under that section, or

(ii) a warrant officer qualified under an order made by virtue of section 20 of the Armed Forces Act 2001,

for membership of the court.]

(2) Subsection (1) above has effect subject to any provision made by virtue of section 52FP of this Act [F4 or section 20 of the Armed Forces Act 2001 (eligibility of warrant officers to be members of summary appeal courts)] .

(3) The judge advocate for any appeal shall be specified by or on behalf of the [F5 Judge Advocate of Her Majesty’s Fleet] .

(4) The other members of the court for any appeal shall be specified by or on behalf of the court administration officer.

(5) In specifying members of the court under subsection (4) above the person doing so shall ensure that at least one member of the court for any appeal is of or above the rank of commander.

(6) At any sitting of the court, the most senior member of the court at that sitting shall preside.]

Textual Amendments

F2 S. 52FJ inserted (2.10.2000) by 2000 c. 4, s. 17(2); S.I. 2000/2366, art. 2 (with Sch. para. 15)

F3 S. 52FJ(1)(b)(c) substituted (19.8.2004) for s. 52FJ(1)(b) by The Summary Appeal Courts (Warrant Officers) Order 2004 (S.I. 2004/1937), art. 6(3)(a)

F4 Words in s. 52FJ(2) inserted (19.8.2004) by The Summary Appeal Courts (Warrant Officers) Order 2004 (S.I. 2004/1937), art. 6(3)(b)

F5 Words in s. 52FJ(3) substituted (16.1.2004) by The Naval Discipline Act 1957 (Remedial) Order 2004 (S.I. 2004/66), art. 2(4)

Textual Amendments applied to the whole legislation

F6 Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions