(1)In this Act “the judge advocate”, in relation to a court-martial, means the judge advocate appointed by or on behalf of the [F2Judge Advocate General] to be a member of the court-martial.
(2)No person shall be appointed as the judge advocate unless he is—
[F3(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;]
(b)an advocate in Scotland of at least five years’ standing or a solicitor who has had a right of audience in the Court of Session or the High Court of Justiciary for at least five years; or
(c)a member of the Bar of Northern Ireland of at least five years’ standing.
(3)Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.
(4)Any directions given by the judge advocate shall be binding on the court.
Textual Amendments
F1Ss. 53A, 53B and 53C inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 51; S.I. 1997/304, art. 2 (with art. 3)
F2Words in s. 53B(1) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 31; S.I. 2007/2913, art. 3
F3S. 53B(2)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 47(4); S.I. 2008/1653, art. 2(d) (with transitional provisions in arts. 3, 4)
Textual Amendments applied to the whole legislation
F4Act repealed (prosp.)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