Article 34 The president of the board

(1)

For proceedings to which this rule applies, at least one lay member must be an officer who is qualified to be the president of the board.

(2)

This rule applies to any proceedings with lay members, except proceedings for which (by virtue of rule 33) no lay member is subject to service law.

(3)

An officer F1(“A”) is qualified to be the president of the board if—

(a)

F2A is of or above the rank of lieutenant commander, major or squadron leader;

(b)

F3A is subject to service law; and

(c)

where any person to whom the proceedings relate F4(“B”) is subject to service law, F5A satisfies the requirements set out in paragraphs (4) and (4A).

F6(4)

Where B is of rank OF-6 or above, A must be of rank OF-6 or above.

F7(4A)

Where B is of rank OF-5 or below, A must be of superior rank to B.

(5)

In paragraphs (3) and (4), “rank” means substantive rank.

F8(5A)

In this rule—

“OF-5” means any of the following—
1. (a)
  captain, Royal Navy;
2. (b)
  colonel;
3. (c)
  group captain;
“OF-6” means any of the following—
1. (a)
  commodore;
2. (b)
  brigadier;
3. (c)
  air commodore.

(6)

Where one lay member is qualified to be the president of the board, he shall be the president of the board.

(7)

Where two or more lay members are so qualified, the most senior of them shall be the president of the board.

(8)

Paragraph (9) applies where—

(a)

the president of the board is discharged under rule 35(4) (objections);

(b)

the proceedings are not terminated under rule 25(2) (lay members reduced below minimum number);

(c)

no other lay member is qualified to be the president of the board; and

(d)

no waiting member is so qualified.

(9)

Where this paragraph applies—

(a)

the proceedings shall be adjourned;

(b)

the court administration officer shall specify as a lay member another officer who is qualified to be the president of the board;

(c)

that officer shall be the president of the board; and

(d)

rule 35 (objections) shall apply on the resumption of the proceedings as it applies on the commencement of the proceedings.

(10)

Notwithstanding anything in this rule, in any proceedings with lay members the judge advocate shall preside over the court.

Annotations

Textual amendments

F1: Word in rule 34(3) inserted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(a)(i)
F2: Word in rule 34(3)(a) substituted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(a)(ii)
F3: Word in rule 34(3)(b) substituted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(a)(ii)
F4: Word in rule 34(3)(c) inserted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(a)(iii)
F5: Words in rule 34(3)(c) substituted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(a)(iii)
F6: Rule 34(4) substituted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(b)
F7: Rule 34(4A) inserted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(c)
F8: Rule 34(5A) inserted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(d)