39. Ineligibility and disqualification of officers for court-martial.—(1) An officer is not eligible for serving on a court-martial if he is not subject to the Act.
(2) An officer is disqualified for serving on a general or district court-martial if he—
(a) Is an officer who convened the court; or
(b) Is the prosecutor or a witness for the prosecution; or
(c) Investigated the charges before trial, or took down the summary of evidence, or was a member of a court of inquiry respecting the matters on which the charges against the accused are founded, or was the squadron, battery, company, or other commander, who made preliminary inquiry into the case, or was a member of a previous court-martial which tried the accused in respect of the same offence; or
(d) Is the commanding officer of the accused, or of the corps to which the accused belongs; or
(e) Has a personal interest in the case.
(3) The provost-marshal or assistant provost-marshal is disqualified from serving on a general court-martial or district court-martial.
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