The Armed Forces (Summary Appeal Court) Rules 2009

Waiting members

38.—(1) When the court administration officer specifies the lay members for any proceedings to which rule 37 applies, he shall at the same time specify a person (referred to in these Rules as a “waiting member”) to take the place of any lay member who may be discharged under rule 37(4).

(2) Where a lay member is discharged under rule 37(4) the waiting member shall become a lay member.

(3) Where the court administration officer specifies a waiting member, he shall specify a second waiting member if a judge advocate so directs.

(4) A second waiting member may be specified at any time before the commencement of the proceedings.

(5) Where two waiting members have been specified and paragraph (2) applies, the reference in that paragraph to the waiting member is to the senior waiting member.

(6) Where—

(a) two waiting members have been specified, and

(b) two lay members are discharged under rule 37(4),

both the waiting members shall become lay members.

(7) Rule 37(2) to (4) applies in relation to a waiting member who becomes a lay member by virtue of this rule.