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The Armed Forces (Amendment of Court Rules) Rules 2023
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- UK Statutory Instruments
- 2023 No. 1097
- Part 3
- Regulation 10
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Amendment of rule 36 (persons ineligible for membership in particular circumstances)
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10.—(1) At the start of rule 36(2)(persons ineligible for membership in particular circumstances), for “A” substitute “Subject to paragraphs (3A) and (3B), a”.
(2) After rule 36(3) insert—
“(3A) A person is ineligible for membership of the court for any variation proceedings if they were not a member of the court for the proceedings in which the punishment that falls to be varied was imposed.
(3B) A person is not ineligible for membership of the court for variation proceedings by virtue of having been a member of the court for—
(a)any appeal proceedings in which the offender was convicted of any offence for which the punishment that falls to be varied was imposed;
(b)the appeal proceedings in which the punishment was imposed.”.
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