Armed Forces Act 2006 (c. 52)

Part 7 U.K. Trial by Court Martial

Modifications etc. (not altering text)

C1 Pt. 7 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(1)

Chapter 1 U.K. The Court Martial

154 The Court Martial U.K.

(1) There shall be a court, to be known as the Court Martial.

(2) The Court Martial may sit in any place, whether within or outside the United Kingdom.

Commencement Information

I1 S. 154 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)

I2 S. 154 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

155 Constitution of the Court Martial U.K.

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

(a) a judge advocate; and

(b) [F1 three 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

F1 Words 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

F2 S. 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

F3 S. 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

F4 Words 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

F5 S. 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

F6 S. 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

F7 S. 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)

C2 S. 155(3) excluded (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 31(2), 33(1)

Commencement Information

I3 S. 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)

I4 S. 155 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

156 Officers [F8 etc] qualified for membership of the Court Martial U.K.

(1) Subject to subsections (2) to (4), an officer [F9 , warrant officer or OR-7 rank] is qualified for membership of the Court Martial if he is subject to service law.

(2) An officer is not qualified for membership of the court unless—

(a) he has held a commission in any of Her Majesty's forces for at least three years, or for periods amounting in the aggregate to at least three years; or

(b) immediately before receiving his commission, he was a warrant officer in any of those forces.

(3) A warrant officer is not qualified for membership of the court if he is an acting warrant officer.

[F10 (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.]

(4) An officer [F11 , warrant officer or OR-7 rank] is not qualified for membership of the court if—

(a) he is a member of the Military Court Service;

(b) he is a member of or on the staff of the Service Prosecuting Authority;

(c) he is a service policeman;

(d) he is a member of the Royal Army Chaplains' Department or the Royal Air Force Chaplains' Branch;

(e) he has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(f) he is an advocate or solicitor in Scotland;

(g) he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or

(h) he has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.

(5) In this section “relevant territory” means—

(a) any of the Channel Islands;

(b) the Isle of Man;

(c) a Commonwealth country; or

(d) a British overseas territory.

[F12 (6) In this section “OR-7 rank” has the meaning given by section 155(9).]

Textual Amendments

F8 Word in s. 156 heading 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. 2(2); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F9 Words in s. 156(1) 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. 2(3); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F10 S. 156(3A) 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. 2(4); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F11 Words in s. 156(4) 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. 2(5); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F12 S. 156(6) 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. 2(6); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

Commencement Information

I5 S. 156 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)

I6 S. 156 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

157 Officers [F13 etc] ineligible for membership in particular circumstances U.K.

(1) An officer is ineligible for membership of the Court Martial for proceedings after the arraignment of a defendant if—

(a) he was the commanding officer of the defendant at any time in the period beginning with the date of commission of the offence to which the arraignment relates and ending with the arraignment;

(b) he has taken part in investigating the subject matter of any charge against the defendant; or

(c) he has conducted (whether alone or with other persons) an inquiry into the subject matter of any charge against the defendant.

(2) A warrant officer [F14 or OR-7 rank] is ineligible for membership of the Court Martial for proceedings after the arraignment of a defendant if he falls within subsection (1)(b) or (c).

(3) Where a defendant is arraigned in respect of more than one offence, the reference in subsection (1)(a) to the date of commission of the offence there mentioned is to the date of commission of the earliest such offence.

(4) Court Martial rules may provide that an officer [F15 , warrant officer or OR-7 rank] of a description prescribed by the rules is ineligible for membership of the Court Martial for a description of proceedings so prescribed.

[F16 (5) In this section “OR-7 rank” has the meaning given by section 155(9).]

Textual Amendments

F13 Word in s. 157 heading 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. 3(2); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F14 Words in s. 157(2) 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. 3(3); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F15 Words in s. 157(4) 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. 3(4); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F16 S. 157(5) 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. 3(5); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

Commencement Information

I7 S. 157 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)

I8 S. 157 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4