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In force1984 Revised Edition
Contents

Part 5

90. Dissolution of courts-martial

(1)

Where, whether before or after the commencement of the trial, it appears to the convening officer necessary or expedient in the interests of the administration of justice that a court-martial should be dissolved, the convening officer may by order dissolve the court-martial.

(2)

Without prejudice to the generality of subsection (1), if after the commencement of the trial a court-martial is, by reason of the death of one of the members or for any other reason, reduced below the legal minimum, it shall be dissolved.

(3)

If after the commencement of the trial the president dies or is otherwise unable to attend and the court is not reduced below the legal minimum, then —

(a)

if the senior member of the court is not below the rank of

Captain, the convening officer may appoint him president and the trial shall proceed accordingly; but

(b)

in any other case, the court shall be dissolved.

(4)

Without prejudice to the generality of subsection (1), if after the commencement of the trial it is represented to the convening officer that owing to the sickness or other incapacity of the accused it is impracticable having regard to all the circumstances to continue the trial within a reasonable time, the convening officer may dissolve the court.

(5)

Where a court-martial is dissolved under the previous provisions of this section, the accused may be tried by another court.

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Forfeitures and Deductions and Enforcement of Maintenance Liabilities

Part 7

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Part 9

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