Section 105
Constitution of courts-martial
Subject to section 103, a court-martial shall consist of the president and not less than two other officers.
(2)
An officer who convenes a court-martial under the last foregoing section may appoint as members of the court-martial officers of the Army, the Navy or the Air Force, or any officers of any foreign force who are attached, seconded or on loan to the regular forces:
Provided that the officers forming the court shall belong to the same
Service as the accused except where in the opinion of the convening officer the necessary number of officers of the same Service having the requisite qualifications at the place where the court-martial is convened is not, with due regard to the public service, available in which case the convening officer may, with the consent of the proper authority of another
Service, appoint officers of another Service having the requisite qualifications as president or members of the court-martial, and the convening order for the court-martial shall contain a statement of such opinion of the convening officer and that statement shall be conclusive.
(3)
An officer shall not be appointed to be a member of a court-martial unless he is subject to service law under this Act and has been an officer in any of the armed forces for a period of not less than two years or for periods amounting in the aggregate to not less than two years or in respect of officers of a foreign force who are attached, seconded or on loan to the regular forces who have completed not less than a similar period of service in their own force.
Armed Forces 97
(4)
Where the court-martial consists of five officers or more the president shall be an officers of or above the rank of lieutenant-colonel or its equivalent and shall be appointed by order of the officer convening the court-martial.
(5)
Where the court-martial consists of less than five officers the president shall be appointed by order of the officer convening the court-martial and shall not be under the rank of major or its equivalent unless, in the opinion of the convening officer, a major or its equivalent is not, with due regard to the public service, available; and in any event the president of a court-martial shall not be under the rank of captain or its equivalent.
(6)
Notwithstanding subsection (4) where the accused is of or above the rank of brigadier-general or its equivalent, the president of a court-martial shall be of or above the rank of the accused and the other members shall be of or above the rank of colonel or its equivalent.
(7)
Notwithstanding subsection (4) where the accused is of the rank of colonel or its equivalent, the president shall be of or above the rank of the accused, and the other members shall be of or above the rank of lieutenant-colonel or its equivalent.
(8)
Where the accused is a lieutenant-colonel or its equivalent, at least two members of a court-martial, other than the president, shall be of or above the rank of the accused.
(9)
The members of a court-martial, other than the president, shall be appointed by order of the convening officer or in such other manner as may be prescribed.