Armed Forces Act 2006

155 Constitution of the Court Martial

(1) In the case of any proceedings, the Court Martial is to consist of—

(a) a judge advocate; and

(b) at least three but not more than five other persons (“lay members”).

(2) But Court Martial rules may provide that, in the case of proceedings of a prescribed description, there are to be—

(a) at least five but not more than seven lay members; or

(b) no lay members.

(3) In the case of proceedings where the Court Martial consists of a judge advocate and lay members—

(a) a prescribed number of the lay members must be officers or warrant officers qualified for membership under section 156 and not ineligible by virtue of section 157; and

(b) the rest must be officers so qualified and not so ineligible.

(4) Subsection (3) is subject to any provision made by Court Martial rules.

(5) The judge advocate for any proceedings is to be specified by or on behalf of the Judge Advocate General.

(6) The lay members for any proceedings are to be specified by or on behalf of the court administration officer.

(7) The number of lay members specified under subsection (6) is to be the minimum required unless a judge advocate, in accordance with Court Martial rules, directs otherwise.

(8) In subsection (7) “the minimum required” means—

(a) the minimum required by subsection (1)(b); or

(b) where rules made by virtue of subsection (2)(a) apply instead of subsection (1)(b), the minimum required by those rules.

(9) In this section “prescribed” means prescribed by Court Martial rules.