Effect of death or sickness on and adjournment of subordinate military court
89.—(1)  If, after the start of the trial, the president of a subordinate military court dies or is otherwise unable to attend, then —
(a)in the case of a judge court martial — the court must be dissolved, and the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to be the president of another judge court martial convened to try the accused;
(b)in the case of a panel court martial — the court must adjourn, and the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to fill the vacancy; or
(c)in the case of a field general court martial — the court must adjourn, and the convening officer must appoint another person (being an officer or a senior military expert) who is eligible for the appointment to fill the vacancy.
[17/2004; 28/2009]
(2)  If, after the start of a trial, any member of a panel court martial, other than the president, dies or is otherwise unable to attend, the court must adjourn, and the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to fill the vacancy.
[17/2004]
(3)  If, after the start of a trial, any member of a field general court martial, other than the president, dies or is otherwise unable to attend, the court must adjourn, and the convening officer must appoint another person (being an officer or a senior military expert) who is eligible for the appointment to fill the vacancy.
[17/2004; 28/2009]
(4)  If, on account of the illness of the accused before the finding, it is impossible to continue the trial, a subordinate military court must be dissolved.
[17/2004]
(5)  Where a subordinate military court is dissolved under subsection (l)(a) or (4), the accused may be tried again by another subordinate military court.
[17/2004]
(6)  A subordinate military court may adjourn from time to time.
[17/2004]
(7)  A subordinate military court may, where necessary, view any place.
[17/2004]
(8)  Where the convening authority has authorised the registrar for subordinate military courts or any other person to exercise the powers conferred and perform the duties imposed on the convening authority under subsection (1)(a) or (b) or (2), the registrar or person is entitled to exercise those powers and perform those duties.
[17/2004]