Section 103 of The Navy Act, 1957
- (1)The trial judge advocate shall then ask the accused whether he has any further objections to make respecting the constitution of the court; and should the accused raise any such objection, it shall then be decided by the court, which decision shall be final and the constitution of the court-martial shall not be afterwards impeached and it shall be deemed in all respects to have been duly constituted.
- (2)If the accused should have no further objection to make to the constitution of the court or if any objection is disallowed, the members and the trial judge advocate shall then make an oath or affirmation in the form set out in section 104.
Summary
- Section 103 outlines the final step for raising objections regarding the constitution of the court-martial.
- The trial judge advocate must specifically ask the accused if they have any further objections to make about how the court is constituted.
- If the accused raises a new objection, the court decides it, and this decision is completely final.
- Once this process is done, the constitution of the court cannot be challenged later, and it is legally deemed fully constituted.
- After this point, if there are no objections or they are disallowed, the members and the trial judge advocate proceed to take their oaths.
Practical examples
FAQ
1. What does the trial judge advocate ask the accused under Section 103 of The Navy Act, 1957?
Section 103 of The Navy Act, 1957 requires the trial judge advocate to ask the accused whether he has any further objections to make respecting the constitution of the court.
2. Can an accused person appeal the court's makeup later under Section 103 of the defence law?
No, under Section 103 of The Navy Act, 1957, the court's decision on the final objection is final, and the constitution of the court-martial cannot be afterwards impeached.
3. What happens next if there are no final objections under Section 103 of The Navy Act, 1957?
According to Section 103 of The Navy Act, 1957, if the accused has no further objections or they are disallowed, the members and the trial judge advocate make an oath or affirmation.
Test yourself
Q1.Under Section 103 of The Navy Act, 1957, who makes the final decision on any further objections raised by the accused?
Q2.According to Section 103 of The Navy Act, 1957, what is the legal status of the court's decision on a further objection?
Q3.Under Section 103 of The Navy Act, 1957, what action immediately follows the resolution of all objections to the court's constitution?
Q4.Connecting Section 103 and Section 104 of The Navy Act, 1957, who must take an oath once the court's constitution is finalized without further objection?