Article 29 Proceedings requiring six lay membersF8

United Kingdom

(1)

For proceedings to which this rule applies, the number of lay members shall be F1six.

(2)

This rule applies to trial proceedings if—

(a)

any defendant is charged with an offence listed in Schedule 2 to the 2006 Act;

(b)

any defendant is aged 18 or over at the commencement of the proceedings and is charged with an offence for which he could, if convicted, be sentenced to more than F2two years' imprisonment; or

(c)

any defendant is aged under 18 at the commencement of the proceedings and is charged with an offence for which he could, if convicted while under the age of 18, be sentenced to more than F3two years' detention under section 209.

(3)

F4Subject to rule 29A, this rule applies to sentencing proceedings if any offender falls to be sentenced for—

(a)

an offence listed in Schedule 2 to the 2006 Act; or

(b)

an offence for which he could be sentenced to more than F5two years' imprisonment or more than two years' detention under section 209.

(4)

F6Subject to rule 29A, this rule applies to variation proceedings if it applied to the proceedings in which the sentence that falls to be varied was imposed.

F7(5)

Subject to rule 29A, this rule applies to review of sentence proceedings if it applied to the proceedings in which the sentence that falls to be reviewed was imposed.

Annotations

Textual amendments

F1: Word in rule 29(1) substituted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 6(3)
F2: Word in rule 29(2)(b) substituted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 6(4)(a)
F3: Word in rule 29(2)(c) substituted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 6(4)(b)
F4: Words in rule 29(3) substituted (1.8.2013) by The Armed Forces (Court Martial) (Amendment) Rules 2013 (S.I. 2013/1851), rules 1, 3(2)
F5: Word in rule 29(3)(b) substituted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 6(5)
F6: Words in rule 29(4) substituted (1.8.2013) by The Armed Forces (Court Martial) (Amendment) Rules 2013 (S.I. 2013/1851), rules 1, 3(3)
F7: Rule 29(5) inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 9
F8: Word in rule 29 heading substituted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 6(2)