Rule 7 Amendment of the Armed Forces (Court Martial) Rules 2009

For rule 30 (additional lay members) substitute—

“Proceedings with four lay members

30.

(1)

A judge advocate may only give a direction under section 155(2A)^f1 if the judge advocate considers it necessary to do so, having regard to the expected length and location of the proceedings.

(2)

A direction may not be given under section 155(2A) after the commencement of the proceedings unless—

(a)

a direction under section 155(2A) was in effect when the proceedings commenced;

(b)

one or more lay members has been discharged under rule 35(4) (objections); and

(c)

there are three or fewer lay members remaining (including any waiting members).

(3)

A judge advocate may rescind a direction under section 155(2A) at any time before the commencement of the proceedings to which it relates.

Reduction in lay members

30A.

A judge advocate may direct that the Court Martial is to remain validly constituted despite the reduction of lay members from six to five, or where a direction has been made under section 155(2A), from four to three if—

(a)

the number of lay members reduces in the course of the proceedings after each of the lay members has been sworn; and

(b)

the judge advocate considers it in the interests of justice that the proceedings continue.”.