Section 134: Supplementary provisions as to constitution of courts-martial

(1) The officer who convenes a court-martial shall not be the President or a member of that court-martial.
(2) An officer who, at any time between the date on which the accused was charged with the offence and the date of the trial, has been the commanding officer of the accused and any other officer who has investigated the charge against the accused, or who under service law has held or has acted as one of the persons holding an inquiry into matters relating to the subject matter of the charge against the accused, shall not sit as a member of a court-martial or act as judge advocate at the court-martial.
(3) When the convening officer of a court-martial appoints a captain or an officer of corresponding rank to be president being of opinion that a major or an officer of corresponding rank having suitable qualifications is not with regard to the public service's exigency available, the order convening the court-martial shall contain a statement of that opinion, and that statement shall be conclusive.