Article 30 Additional lay members

(1)

Subject to the provisions of this rule, a judge advocate may direct—

(a)

that the number of lay members specified for any trial, sentencing or variation proceedings to which rule 29 (proceedings requiring at least five lay members) applies is to be either six or seven, as he may direct; or

(b)

that the number of lay members specified for—

(i)

any other trial, sentencing or variation proceedings, or

(ii)

any appellate proceedings,

is to be either four or five, as he may direct.

(2)

A judge advocate may not give a direction under this rule in relation to trial or appellate proceedings unless he considers it necessary to do so, having regard to the expected length and location of the proceedings.

(3)

Without prejudice to paragraph (2), a judge advocate may not give a direction under this rule in relation to trial or appellate proceedings unless—

(a)

in his opinion the proceedings are likely to last more than ten court days; or

(b)

the proceedings are to be held outside the United Kingdom and Germany and in his opinion are likely to last more than five court days.

(4)

A direction under this rule may not be given after the commencement of the proceedings to which it relates unless—

(a)

such a direction was given before the commencement of the proceedings;

(b)

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

(c)

the number of lay members remaining (including any waiting members) is equal to the minimum number.

(5)

A judge advocate may rescind a direction given under this rule at any time before the commencement of the proceedings to which it relates.