Royal Brunei Armed Forces Act · s 85

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85.
Convening and constitution of courts-martial
(1) A court-martial shall be convened by order of the competent authority and, subject to the provisions of this section, shall consist of the president and not less than four other officers.
(2) Any officer who —
(a) is the officer (in this Act referred to as the convening officer) who convenes a court-martial;
(b) has held a commission for less than 2 years;
(c) at any time between the date on which the accused was charged with the offence and the date of the trial —
(i) has been the commanding officer of the accused;
(ii) who has investigated the charge against the accused; or

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(iii) who under this Act has held, or has acted as one of the persons holding, an inquiry into matters relating to the subject matter of the charge against the accused; or
(d) where the accused is an officer of or above the rank of
Captain, is an officer below that rank, shall not be a member of a court-martial; and shall not, if he is an officer to whom any provisions of paragraph (c) applies, act as Judge Advocate at a court-martial.
(3) The president of a court-martial shall be appointed by order of the convening officer and shall not be below the rank of Major unless in the opinion of the convening officer an officer of or above the rank of Major having suitable qualifications is not available and cannot be made available with due regard to the public service, and in any event the president of a court-martial shall not be below the rank of Captain.
(4) The members of a court-martial, other than the president, shall be appointed by the convening officer or in such other manner as may be prescribed.
(5) Where the convening officer is of opinion that it is not possible without serious detriment to the public service to convene a court-martial constituted as provided in subsection (1), he may convene a court-martial consisting of the president and not less than two other officers.
(6) Where the convening officer —
(a) appoints a Captain as president of a court-martial, being of opinion that an officer of or above the rank of Major having suitable qualifications is not available and cannot be made available with due regard to the public service; or
(b) convenes a court-martial consisting of the president and not less than two other officers, being of opinion that it is not possible without serious detriment to the public service to convene a court-martial constituted as provided in subsection (1), the order convening the court-martial shall contain a statement of such opinion, and that statement shall be conclusive.

Royal Brunei Armed Forces 70

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s 85Convening and constitution of courts-martial

(1)

A court-martial shall be convened by order of the competent authority and, subject to the provisions of this section, shall consist of the president and not less than four other officers.

(2)

Any officer who —

(a)

is the officer (in this Act referred to as the convening officer) who convenes a court-martial;

(b)

has held a commission for less than 2 years;

(c)

at any time between the date on which the accused was charged with the offence and the date of the trial —

(i)

has been the commanding officer of the accused;

(ii)

who has investigated the charge against the accused; or

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(iii)

who under this Act has held, or has acted as one of the persons holding, an inquiry into matters relating to the subject matter of the charge against the accused; or

(d)

where the accused is an officer of or above the rank of

Captain, is an officer below that rank, shall not be a member of a court-martial; and shall not, if he is an officer to whom any provisions of paragraph (c) applies, act as Judge Advocate at a court-martial.

(3)

The president of a court-martial shall be appointed by order of the convening officer and shall not be below the rank of Major unless in the opinion of the convening officer an officer of or above the rank of Major having suitable qualifications is not available and cannot be made available with due regard to the public service, and in any event the president of a court-martial shall not be below the rank of Captain.

(4)

The members of a court-martial, other than the president, shall be appointed by the convening officer or in such other manner as may be prescribed.

(5)

Where the convening officer is of opinion that it is not possible without serious detriment to the public service to convene a court-martial constituted as provided in subsection (1), he may convene a court-martial consisting of the president and not less than two other officers.

(6)

Where the convening officer —

(a)

appoints a Captain as president of a court-martial, being of opinion that an officer of or above the rank of Major having suitable qualifications is not available and cannot be made available with due regard to the public service; or

(b)

convenes a court-martial consisting of the president and not less than two other officers, being of opinion that it is not possible without serious detriment to the public service to convene a court-martial constituted as provided in subsection (1), the order convening the court-martial shall contain a statement of such opinion, and that statement shall be conclusive.

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