(1)An officer is ineligible for membership of the Summary Appeal Court for the hearing of an appeal under section 141 if—
(a)he was the commanding officer of the appellant at any time in the period beginning with the date of commission of the offence which is the subject of the finding against the appellant and ending with the start of the appeal hearing;
(b)before the summary hearing, he took part in investigating the subject matter of any finding against the appellant;
(c)he is a higher authority who dealt with an application made before the summary hearing for permission under section 54 or for extended powers for the purposes of any provision of section 133, 134, 135, 136 or 194;
(d)he serves under the command of a person within paragraph (c);
(e)he serves under the command of the officer who conducted the summary hearing; or
(f)before the summary hearing, he conducted (whether alone or with other persons) an inquiry into the subject matter of any finding against the appellant.
(2)A warrant officer is ineligible for membership of the Summary Appeal Court for the hearing of an appeal under section 141 if he falls within subsection (1)(b), (d), (e) or (f).
(3)Where there is more than one finding against the appellant, the reference in subsection (1)(a) to the date of commission of the offence there mentioned is to the date of commission of the earliest such offence.
(4)SAC rules may provide that an officer or warrant officer of a description prescribed by the rules is ineligible for membership of the Summary Appeal Court.
Commencement Information
I1S. 144 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 144 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4