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Changes over time for: Section 155

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Changes to legislation:

Armed Forces Act 2006, Section 155 is up to date with all changes known to be in force on or before 21 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

155Constitution of the Court MartialU.K.

This section has no associated Explanatory Notes

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

(a)a judge advocate; and

(b)[F1three or, in the case of proceedings of a prescribed description, six] 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—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)no lay members.

[F3(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.]

(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 [F4, warrant officers or OR-7 ranks] 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.

[F5(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.]

F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(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.]

Textual Amendments

F1Words in s. 155(1)(b) substituted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 1(2); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F2S. 155(2)(a) omitted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by virtue of Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 1(3); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F3S. 155(2A) inserted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 1(4); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F4Words in s. 155(3)(a) substituted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 1(5); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F5S. 155(6A) inserted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 1(6); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F6S. 155(7)(8) omitted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by virtue of Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 1(7); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F7S. 155(9) substituted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 1(8); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

Modifications etc. (not altering text)

Commencement Information

I1S. 155 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2S. 155 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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