Modifications etc. (not altering text)
C1Pt. 7 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(1)
(1)An officer is ineligible for membership of the Court Martial for proceedings after the arraignment of a defendant if—
(a)he was the commanding officer of the defendant at any time in the period beginning with the date of commission of the offence to which the arraignment relates and ending with the arraignment;
(b)he has taken part in investigating the subject matter of any charge against the defendant; or
(c)he has conducted (whether alone or with other persons) an inquiry into the subject matter of any charge against the defendant.
(2)A warrant officer [F2or OR-7 rank] is ineligible for membership of the Court Martial for proceedings after the arraignment of a defendant if he falls within subsection (1)(b) or (c).
(3)Where a defendant is arraigned in respect of more than one offence, 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)Court Martial rules may provide that an officer [F3, warrant officer or OR-7 rank] of a description prescribed by the rules is ineligible for membership of the Court Martial for a description of proceedings so prescribed.
[F4(5)In this section “OR-7 rank” has the meaning given by section 155(9).]
Textual Amendments
F1Word in s. 157 heading substituted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 3(2); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2
F2Words in s. 157(2) inserted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 3(3); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2
F3Words in s. 157(4) substituted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 3(4); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2
F4S. 157(5) inserted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 3(5); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2
Commencement Information
I1S. 157 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. 157 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4