Section 102 of The Navy Act, 1957
The following provisions shall apply to the disposal of objections raised by the prosecutor as well as the accused:--
- (a)any member may be objected to on a ground which affects his competency to act as an impartial Judge; and the trial judge advocate may reject summarily without reference to the members of the court any objection not made on such ground; '
- (b)objections to members shall be decided separately, those to the officer lowest in rank being taken first: provided that if the objection is to the President, such objection shall be decided first and all the other members whether objected to or not shall vote as to the disposal of the objection;
- (c)on an objection being allowed by one-half or more of the officers entitled to decide the objection, the member objected to shall at once retire and his place shall be filled up before an objection against another member is taken up;
- (d)should the president be objected to and the objection be allowed, the court shall adjourn until a new president has been appointed by the convening authority or by the officer empowered in this behalf by the convening authority; and
- (e)should a member be objected to on the ground of being summoned as a witness and should it be found that the objection has been made in good faith and that the officer is to give evidence as to facts and not merely as to character, the objection shall be allowed.
Summary
- Section 102 establishes the rules for handling objections to court members made by either the prosecutor or the accused.
- An objection is only valid if it questions the member's ability to act as an impartial judge, and the trial judge advocate can summarily reject invalid ones.
- Objections are voted on separately by the members, starting with the officer lowest in rank.
- If an objection is against the president of the court, it must be decided first.
- An objection is allowed if half or more of the voting officers agree, forcing the objected member to retire immediately.
Practical examples
FAQ
1. Under Section 102 of The Navy Act, 1957, what is a valid reason to object to a court member?
Section 102 of The Navy Act, 1957 states that a member may be objected to on a ground which affects his competency to act as an impartial judge.
2. How many votes does it take to remove a member under Section 102 of the naval rules?
According to Section 102 of The Navy Act, 1957, an objection is allowed if one-half or more of the officers entitled to decide the objection vote in favor of it.
3. What happens if the president of the court is successfully objected to under Section 102 of The Navy Act, 1957?
Under Section 102 of The Navy Act, 1957, the court must adjourn until a new president is appointed by the convening authority or a designated officer.
Test yourself
Q1.Under Section 102 of The Navy Act, 1957, who has the power to summarily reject an objection that is not based on impartiality?
Q2.According to Section 102 of The Navy Act, 1957, in what order are objections to members usually decided?
Q3.Under Section 102 of The Navy Act, 1957, what is the exception to the rule about deciding objections from lowest rank first?
Q4.Based on Section 102 of The Navy Act, 1957, what happens if an objection is made because a member is also summoned as a witness?