35.—(1) At the commencement of any proceedings to which this rule applies, the names of the lay members and waiting members shall be read out.
(2) Any party to the proceedings may object to any lay member, on any reasonable ground.
(3) The judge advocate shall rule on any objection to a lay member before the lay member is sworn.
(4) If an objection to a lay member is upheld, the judge advocate shall discharge him.
(5) This rule applies to any proceedings with lay members except—
(a)sentencing proceedings, where every offender who falls to be sentenced was convicted in trial or appellate proceedings of at least one offence for which he falls to be sentenced; F1...
(b)variation proceedings [F2; and
(c)review of sentence proceedings.]
Textual Amendments
F1Word in rule 35(5) omitted (16.10.2024) by virtue of The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 13(a)
F2Rule 35(5)(c) and word inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 13(b)