Commentary First Group of Parts – Discipline Part 7- Trial by Court Martial Section 156: Officers and warrant officers qualified for membership of the Court Martial
320.This section provides for the general principle that officers and warrant officers may be members of the Court Martial. Officers must have held their commission for at least three years (or periods totalling 3 years), or have been warrant officers immediately prior to their commission. Only substantive, not acting, warrant officers are qualified to be members of the Court Martial. There are exceptions to these general qualifications for membership, and these are listed in the section. The purpose of these exceptions is to avoid the potential of any real or perceived bias through, for example, the involvement of persons connected to the service disciplinary system in a trial.