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The Armed Forces (Court Martial) Rules 2009

The Armed Forces (Court Martial) Rules 2009 reg 27

reg 27 Proceedings without lay members

(1) For proceedings to which this rule applies, there shall be no lay members. (2) This rule applies to preliminary proceedings. (3) This rule applies to sentencing proceedings where every offender who falls to be sentenced is either— (a) a civilian offender for the purposes of Part 1 of Schedule 3 to the 2006 Act; or (b) an offender to whom Part 2 of that Schedule (ex-servicemen etc) applies, and who was convicted of every offence for which he falls to be sentenced either— (i) in trial proceedings for which no lay member was subject to service law; or (ii) on a guilty plea, where the court administration officer had previously notified him in writing that, if trial proceedings were required, none of the lay members would be subject to service law. (4) This rule applies to variation proceedings if— (a) it applied to the proceedings in which the sentence that falls to be varied was imposed; or (b) a direction is given under rule 120. (5) This rule applies to activation proceedings if— (a) the original sentence was imposed by the court, and this rule applied to the proceedings in which it was imposed; or (b) the original sentence was imposed by the Service Civilian Court. (6) This rule applies to ancillary proceedings. (7) This rule applies to review of sentence proceedings if it applied to the proceedings in which the sentence that falls to be reviewed was imposed.

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