Commentary on Sections New Schedule 2A to the Armed Forces Act 2006: Offences relating to members of the Court Martial
558.Paragraph 1 of new Schedule 2A to the Armed Forces Act 2006 defines “lay member” and “the trial period” for the purposes of that Schedule. The trial period is defined as beginning when the lay member is sworn to try the case and ends when proceedings terminate or the lay member is discharged. This is intended to limit the period of time during which the lay members can commit these offences. The offences under the Schedule may be committed by all lay members of the Court Martial (or, in the case of paragraph 5, a person) whether or not they are or were subject to service law or civilians subject to service discipline at the time of committing the offence.