Amendment of rule 36 (persons ineligible for membership in particular circumstances)
This section has no associated Explanatory Memorandum
10.—(1) At the start of rule 36(2)(persons ineligible for membership in particular circumstances), for “A” substitute “Subject to paragraphs (3A) and (3B), a”.
(2) After rule 36(3) insert—
“(3A) A person is ineligible for membership of the court for any variation proceedings if they were not a member of the court for the proceedings in which the punishment that falls to be varied was imposed.
(3B) 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 appeal proceedings in which the offender was convicted of any offence for which the punishment that falls to be varied was imposed;
(b)the appeal proceedings in which the punishment was imposed.”.