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Section 161: Appointment of the trial judge advocate

Regulations for the Navy Part IICentral Regulations · 1957

(1) Where a judge advocate in the department of the Judge Advocate General of the Navy is on the staff of convening authority, that judge advocate shall ordinarily be the trial judge advocate for all courts martial convened by the convening authority.

(2) When there are two or more judge advocates on the Staff, the convening authority shall select one of them in consultation with the senior judge advocate.

(3) Where a convening authority does not have a judge advocate in the department of the Judge Advocate General of the Navy on his staff, he shall ordinarily make a request to the services of a judge advocate being made available and where a judge advocate has been so nominated in this behalf, he shall be the trial judge advocate at the court martial to be convened.

(4) If the services of a judge advocate in the department of the Judge Advocate General of the Navy are not available, the convening authority may appoint any fit person as the trial judge advocate;

Provided that in the case of a court martial for the trial of a Capital offence, reference shall be made to the Judge Advocate General of the Navy to nominate a trial judge advocate;

Provided further that, if such trial is held out side the Indian waters, the convening authority shall obtain the directions of the Chief of the Naval Staff.

(5) Where the trial judge advocate is a judge advocate in the department of the Judge Advocate General of the Navy, it hall not be necessary to issue to him any special warrant to act.

(6) A trial judge advocate who is not a judge advocate in the department of the Judge Advocate General of the Navy, shall be appointed by warrant in the prescribed form.

Where this provision sits

ActRegulations for the Navy Part II
Section161
Marginal noteAppointment of the trial judge advocate
JurisdictionCentral
StatusIn force as published by the source

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