2022 No. 1264
The Armed Forces (Court Martial) (Amendment) Rules 2022
Made
Coming into force
The Secretary of State makes the following Rules in exercise of the powers conferred by sections 155, 163 and 373(5) of the Armed Forces Act 20061.
In accordance with section 373(3) of that Act2, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement1
1
These Rules may be cited as the Armed Forces (Court Martial) (Amendment) Rules 2022.
2
These Rules come into force on 1st January 2023.
Extent2
These Rules extend to England and Wales, Scotland, Northern Ireland, the Isle of Man and the British overseas territories (except Gibraltar).
Amendment of the Armed Forces (Court Martial) Rules 2009
3
The Armed Forces (Court Martial) Rules 20093 are amended as follows.
4
In rule 3(2) (interpretation) omit the definition of “the minimum number”.
5
In rule 25(2) (termination of proceedings), in the closing words, after “minimum number” insert “required for the Court Martial to remain validly constituted”
.
6
1
Rule 29 (proceedings requiring at least five lay members) is amended as follows.
2
In the heading, for “at least five” substitute “six”
.
3
In paragraph (1), for “at least five” substitute “six”
.
4
In paragraph (2)—
a
in sub-paragraph (b), for “seven” substitute “two”
;
b
in sub-paragraph (c), for “seven” substitute “two”
.
5
In paragraph (3)(b), for “seven”, in both places it occurs, substitute “two”
.
7
For rule 30 (additional lay members) substitute—
Proceedings with four lay members30
1
A judge advocate may only give a direction under section 155(2A)4 if the judge advocate considers it necessary to do so, having regard to the expected length and location of the proceedings.
2
A direction may not be given under section 155(2A) after the commencement of the proceedings unless—
a
a direction under section 155(2A) was in effect when the proceedings commenced;
b
one or more lay members has been discharged under rule 35(4) (objections); and
c
there are three or fewer lay members remaining (including any waiting members).
3
A judge advocate may rescind a direction under section 155(2A) at any time before the commencement of the proceedings to which it relates.
Reduction in lay members30A
A judge advocate may direct that the Court Martial is to remain validly constituted despite the reduction of lay members from six to five, or where a direction has been made under section 155(2A), from four to three if—
a
the number of lay members reduces in the course of the proceedings after each of the lay members has been sworn; and
b
the judge advocate considers it in the interests of justice that the proceedings continue.
8
1
Rule 31 (warrant officers) is amended as follows.
2
In the heading after “Warrant officers”, insert “and OR-7s”
.
3
In paragraph (1)—
a
for “warrant officers” substitute “warrant officers or OR-7 ranks”
;
b
for “two” substitute—
—
a
one, if there are three or four lay members; or
b
two, if there are five or six lay members.
c
after paragraph (1) insert—
1A
The number prescribed by paragraph (1) may consist of, or include no more than, one OR-7 rank if every person to whom the proceedings relate is of or below that rank or rate.
(This note is not part of the Rules)