Section 123 of The Navy Act, 1957
- (1)A court-martial assembled under this Act shall be dissolved--
- (a)when the number of members comprising the court is after the commencement of a trial reduced below four;
- (b)by the prolonged illness of the president, trial judge advocate or the accused;
- (c)by the death of the president or the trial judge advocate;
- (d)on the making of a report under sub-section (2) of section 143.
- (2)Whenever a court-martial is dissolved by virtue of sub-section (1), the accused may be retired.
Summary
- This section lists the specific situations that force a court-martial to be dissolved before a trial is complete.
- A dissolution occurs if the number of court members falls below four.
- The death or prolonged illness of key figures, such as the president or the trial judge advocate, also triggers dissolution.
- If the court is dissolved under this provision, the accused person may be tried again in a new proceeding.
Practical examples
FAQ
1. Can an accused person be retried if their court-martial is dissolved under Section 123 of The Navy Act, 1957?
Yes, Section 123 of the naval law explicitly states that whenever a court-martial is dissolved for these reasons, the accused may be retried.
2. What happens under Section 123 of the defence law if the trial judge advocate gets sick for a long time?
According to Section 123 of The Navy Act, 1957, the prolonged illness of the trial judge advocate will cause the court-martial to be dissolved.
3. Does the death of any court member dissolve the court under Section 123 of the 1957 Navy Act?
Not any member. Section 123 of The Navy Act, 1957 specifies that the death of the president or the trial judge advocate dissolves the court, or if deaths reduce the total number of members below four.
Test yourself
Q1.Under Section 123 of The Navy Act, 1957, a court-martial must be dissolved if the number of members drops below what number?
Q2.According to Section 123 of the naval defence law, whose death will automatically result in the dissolution of the court-martial?
Q3.What is the legal consequence for the accused if a court-martial is dissolved under Section 123 of The Navy Act, 1957?
Q4.Under Section 123 of the 1957 Navy Act, a court-martial is dissolved if member numbers fall below four. How does this connect to the adjournment rules in Section 122 of the naval law?