PART 5MEMBERS OF THE COURT

Waiting members38

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.