33HRegistrar to randomly select potential reserve military jurors

33H Registrar to randomly select potential reserve military jurors

(1) The Registrar must, by the same method mentioned in rule 33G, cause the random selection of an adequate number of potential reserve military jurors for a military trial.

(2) In determining an adequate number of reserve military jurors required for a military trial, the Registrar must have regard to the circumstances of the trial for which the military jury will be appointed.

(3) The Registrar must ensure that at least one person randomly selected as a potential reserve military juror meets the requirement in subsection 122 (2) of the Act.

Note Subsection 122 (2) of the Act requires that at least one member of a military jury must hold a rank that is not lower than the naval rank of commander or the rank of lieutenant‑colonel or wing commander.

(4) Subrule (3) does not apply if:

(a) more than one person selected under subrule 33G (1) meets the requirement in subsection 122 (2) of the Act and are liable to serve as members of a military jury; or

(b) the requirements of subsection 122 (2) of the Act do not apply.

Note Subsection 122 (3) of the Act provides that the requirements of subsection 122 (2) apply only if, and to the extent that, the exigencies of service permit.