Court Martial

Section 155 of the Armed Forces Act 2006 fixes the panel structure directly: "in the case of any proceedings, the Court Martial is to consist of-" a judge advocate and, save where the rules dispense with them, a set number of "lay members" (service personnel who perform a function broadly analogous to a jury). The two roles are appointed differently. "The judge advocate for any proceedings is to be specified by or on behalf of the Judge Advocate General", the senior judicial office-holder for the service justice system, whereas "the lay members for any proceedings are to be specified by or on behalf of the court administration officer" - an administrative rather than judicial appointment, reflecting the split of judicial and administrative functions within the system. Gov.uk's Military Court Service confirms the Court Martial's role within the wider structure: "the Military Court Service provides a criminal court for the Royal Navy, Army and Royal Air Force in the Court Martial", alongside the Summary Appeal Court and Service Civilian Court.

Because lay members sit alongside a legally-qualified judge advocate, the Court Martial resembles a hybrid of a Crown Court jury trial and a bench of assessors, with the judge advocate directing on law and sentence while lay members determine questions of fact. Unlike a civilian jury, the required number and composition of lay members can vary depending on the seriousness of the case, and Court Martial rules can, in prescribed circumstances, dispense with lay members altogether. Appeals from Court Martial convictions and sentences go to the Court Martial Appeal Court, a statutory body which the Courts-Martial (Appeals) Act 1968 provides "shall continue in existence and is in this Act referred to either as" 'the Appeal Court' or 'the Court', and of which "the Appeal Court shall be a superior court of record" - placing it on the same formal footing as the Court of Appeal for the purposes of enforcing its own orders and sentences.