Armed Forces Act 2021

Section 2

Schedule 1 U.K. Constitution of the Court Martial

Number and rank of the lay members U.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.”

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 24(1)

I2 Sch. 1 para. 1 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(a)

I3 Sch. 1 para. 1 in force at 1.1.2023 in so far as not already in force by S.I. 2022/1095, reg. 2

2 (1) Section 156 of AFA 2006 (officers and warrant officers qualified for membership of the Court Martial) is amended as follows.

(2) In the heading, for “and warrant officers” substitute “etc”.

(3) In subsection (1), for “or warrant officer” substitute “, warrant officer or OR-7 rank”.

(4) After subsection (3) insert—

“(3A) An OR-7 rank is not qualified for membership of the court if that person is an acting—

(a) chief petty officer,

(b) staff corporal,

(c) staff sergeant,

(d) colour sergeant, Royal Marines,

(e) flight sergeant, or

(f) chief technician.”

(5) In subsection (4), in the words before paragraph (a), for “or warrant officer” substitute “, warrant officer or OR-7 rank”.

(6) At the end insert—

“(6) In this section “OR-7 rank” has the meaning given by section 155(9).”

Commencement Information

I4 Sch. 1 para. 2 not in force at Royal Assent, see s. 24(1)

I5 Sch. 1 para. 2 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(a)

I6 Sch. 1 para. 2 in force at 1.1.2023 in so far as not already in force by S.I. 2022/1095, reg. 2

3 (1) Section 157 of AFA 2006 (officers and warrant officers ineligible for membership in particular circumstances) is amended as follows.

(2) In the heading, for “and warrant officers” substitute “etc”.

(3) In subsection (2), after “warrant officer” insert “or OR-7 rank”.

(4) In subsection (4), for “or warrant officer” substitute “, warrant officer or OR-7 rank”.

(5) At the end insert—

“(5) In this section “OR-7 rank” has the meaning given by section 155(9).”

Commencement Information

I7 Sch. 1 para. 3 not in force at Royal Assent, see s. 24(1)

I8 Sch. 1 para. 3 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(a)

I9 Sch. 1 para. 3 in force at 1.1.2023 in so far as not already in force by S.I. 2022/1095, reg. 2

Findings and sentence U.K.

4 (1) Section 160 of AFA 2006 (decisions of Court Martial: finding and sentence) is amended as follows.

(2) Before subsection (1) insert—

“(A1) The finding of the Court Martial on a charge must be determined by votes of the members of the Court Martial other than the judge advocate (the “lay members”) and—

(a) where there are three lay members, must be a finding with which no fewer than two of them agree;

(b) where there are four lay members, must be a finding with which no fewer than three of them agree;

(c) where there are five lay members, must be a finding with which no fewer than four of them agree;

(d) where there are six lay members, must be a finding with which no fewer than five of them agree.”

(3) In subsection (1), for the words from “the following” to “passed by it,” substitute “subsection (4), any sentence passed by the Court Martial”.

(4) Omit subsections (2) and (3).

Commencement Information

I10 Sch. 1 para. 4 not in force at Royal Assent, see s. 24(1)

I11 Sch. 1 para. 4 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(a)

I12 Sch. 1 para. 4 in force at 1.1.2023 in so far as not already in force by S.I. 2022/1095, reg. 2