The Defence Act still prescribes a classic pre-Findlay system. No military judge; convening and confirming authorities; court-martial members selected by the commander -- "the whole nine yards." Non-capital courts-martial are subject to appellate review by leave of the Court of Appeal. The challenge in the current case will rest on § 16.1 of the Constitution of Jamaica, which provides:
Whenever any person is charged with a criminal offence he shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
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