Schedules

Schedule 1U.K.Constitution of the Court Martial

Number and rank of the lay membersU.K.

1(1)Section 155 of AFA 2006 (constitution of the Court Martial) is amended as follows.

(2)In subsection (1)(b), for “at least three but not more than five” substitute “three or, in the case of proceedings of a prescribed description, six”.

(3)In subsection (2), omit paragraph (a) (together with the final “or”).

(4)After subsection (2) insert—

“(2A)In the case of proceedings where the number of lay members would (but for this subsection) be three, a judge advocate may, in accordance with Court Martial rules, direct that the number of lay members is to be four.”

(5)In subsection (3)(a), for “or warrant officers” substitute “, warrant officers or OR-7 ranks”.

(6)After subsection (6) insert—

“(6A)Court Martial rules may provide that in prescribed circumstances the Court Martial is to remain validly constituted despite the reduction of the number of lay members—

(a)from six to five, or

(b)where a direction has been made under subsection (2A), from four to three,

if a judge advocate gives a direction to that effect.”

(7)Omit subsections (7) and (8).

(8)For subsection (9) substitute—

“(9)In this section—

• “OR-7 rank” means any of the following—

  (a)

  chief petty officer;

  (b)

  staff corporal;

  (c)

  staff sergeant;

  (d)

  colour sergeant, Royal Marines;

  (e)

  flight sergeant;

  (f)

  chief technician;

• “prescribed” means prescribed by Court Martial rules.”