45. Ineligibility and disqualification of officers for court-martial. -(1) An officer is not eligible to serve on a court-martial unless he is subject to air force law.
(2) An officer is disqualified for serving on a general or district court-martial if he-
(a) Is the 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 flight, squadron, station, unit, or other commander who made preliminary inquiry into the case, or was a member or 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 unit to which the accused is attached or 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 or district court-martial.
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