The Armed Forces (Court Martial) Rules 2009

Persons ineligible for membership in particular circumstances U.K.

32.—(1) A person is ineligible for membership of the court for any trial proceedings if, at any time since the date of the commission of any offence charged, he and any defendant were serving in the same unit.

(2) A person is ineligible for membership of the court for any sentencing proceedings if, at any time since the date of the commission of any offence for which an offender falls to be sentenced, he and the offender were serving in the same unit.

(3) A person is ineligible for membership of the court for any variation proceedings if he was not a member of the court for the proceedings in which the sentence that falls to be varied was imposed.

(4) A person is ineligible for membership of the court for any appellate proceedings if at any time since the date of the commission of any offence to which the proceedings relate he and any appellant were serving in the same unit.

[F1 (4A) A person is ineligible for membership of the court for any review of sentence proceedings if, at any time since the date of the commission of any offence for which the sentence that falls to be reviewed was imposed, that person and the offender were serving in the same unit.]

(5) A person is ineligible for membership of the court for any activation proceedings if at any time since the date of the commission of the offence for which the original sentence was passed he and the offender were serving in the same unit.

(6) A person is ineligible for membership of the court for any proceedings if he was a member of the court for any previous proceedings to which any person to whom the proceedings relate was a party; but this is subject to paragraphs (7) to (9).

(7) A person is not ineligible for membership of the court for sentencing proceedings by virtue of having been a member of the court for any trial or appellate proceedings in which any offender was convicted of any offence for which he falls to be sentenced.

(8) 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 trial or appellate proceedings in which the offender was convicted of any offence for which the sentence that falls to be varied was imposed; or

(b) the proceedings in which that sentence was imposed.

[F2 (8A) A person is not ineligible for membership of the court for review of sentence proceedings by virtue of having been a member of the court for—

(a) any trial or appellate proceedings in which the offender was convicted of any offence for which the sentence that falls to be reviewed was imposed;

(b) any proceedings in which the sentence that falls to be reviewed was imposed or varied.]

(9) For the purposes of paragraph (6) a person is not to be regarded as having been a member of the court for any previous proceedings if those proceedings were terminated under rule 25(2) by virtue of sub-paragraph (b) of that paragraph (successful objections exceeding the number of waiting members).

(10) In relation to a person who at any time was not subject to service law, references in this rule to a unit in which the person was at that time serving are to be read as references to a unit to which he was at that time attached.

(11) This rule does not apply to the judge advocate.

Textual Amendments

F1 Rule 32(4A) inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 11(a)

F2 Rule 32(8A) inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 11(b)