The Armed Forces (Court Martial) Rules 2009

The president of the board

34.—(1) For proceedings to which this rule applies, at least one lay member must be an officer who is qualified to be the president of the board.

(2) This rule applies to any proceedings with lay members, except proceedings for which (by virtue of rule 33) no lay member is subject to service law.

(3) An officer is qualified to be the president of the board if—

(a) he is of or above the rank of lieutenant commander, major or squadron leader;

(b) he is subject to service law; and

(c) where any person to whom the proceedings relate is subject to service law, he is of superior rank to every such person.

(4) For the purposes of paragraph (3)(c) an officer is of superior rank to a person to whom the proceedings relate if—

(a) that person is of or above the rank of commodore, brigadier or air commodore; and

(b) the officer holds the same rank as that person, or an equal rank, but is senior to him within that rank.

(5) In paragraphs (3) and (4), “rank” means substantive rank.

(6) Where one lay member is qualified to be the president of the board, he shall be the president of the board.

(7) Where two or more lay members are so qualified, the most senior of them shall be the president of the board.

(8) Paragraph (9) applies where—

(a) the president of the board is discharged under rule 35(4) (objections);

(b) the proceedings are not terminated under rule 25(2) (lay members reduced below minimum number);

(c) no other lay member is qualified to be the president of the board; and

(d) no waiting member is so qualified.

(9) Where this paragraph applies—

(a) the proceedings shall be adjourned;

(b) the court administration officer shall specify as a lay member another officer who is qualified to be the president of the board;

(c) that officer shall be the president of the board; and

(d) rule 35 (objections) shall apply on the resumption of the proceedings as it applies on the commencement of the proceedings.

(10) Notwithstanding anything in this rule, in any proceedings with lay members the judge advocate shall preside over the court.