Armed Forces Act 2006

[F1 2 (1) It is an offence for a lay member of the Court Martial for proceedings to research the case that is the subject of the proceedings during the trial period, subject to the exceptions in sub-paragraphs (5) and (6). U.K.

(2) A person researches a case if (and only if) the person—

(a) intentionally seeks information, and

(b) when doing so, knows or ought reasonably to know that the information is or may be relevant to the case.

(3) The ways in which a person may seek information include—

(a) asking a question,

(b) searching an electronic database, including by means of the internet,

(c) visiting or inspecting a place or object,

(d) conducting an experiment, and

(e) asking another person to seek the information.

(4) Information relevant to the case includes information about—

(a) a person involved in events relevant to the case,

(b) the judge advocate for the proceedings,

(c) any other person involved in the trial, whether as a lawyer, a witness or otherwise,

(d) the law relating to the case,

(e) the law of evidence, and

(f) Court Martial procedure.

(5) It is not an offence under this paragraph for a person to seek information if the person needs the information for a reason which is not connected with the case.

(6) It is not an offence under this paragraph for a person—

(a) to attend the proceedings in question;

(b) to seek information from the judge advocate for the proceedings;

(c) to seek information from the court administration officer or from a member of the Military Court Service;

(d) to do anything which the Judge Advocate General directs or authorises the person to do;

(e) to do anything which the judge advocate dealing with the issue directs or authorises the person to do;

(f) to seek information from another lay member of the Court Martial for the proceedings, unless the person knows or ought reasonably to know that the other lay member contravened this paragraph in the process of obtaining the information;

(g) to do anything else which is reasonably necessary in order for the Court Martial to make a finding on a charge or pass a sentence.

(7) A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years.]

Textual Amendments

F1 Sch. 2A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 14 para. 3; S.I. 2015/778, art. 3, Sch. 1 para. 80 (with Sch. 2 paras. 3(c), 4(c))