Constitution of court martial

(1) An officer who, at any time between the date on which the accused was charged with the offence and the date of the trial, has been commanding officer of the accused, and any other officer who has investigated the charge against the accused or who under military law 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, shall not sit as a member of a court martial or act as judge advocate at such a (2) Where the officer convening a court martial appoints a captain to be president, being of the opinion that a field officer having suitable qualifications is not with due regard to the public service available, the order convening the court martial shall contain a statement of such opinion, and that statement shall be conclusive.