46Objection by accused person to military juror

46 Objection by accused person to military juror

(1) Before the members of the military jury are sworn or affirmed, the name, rank and service number of each member must be read to the accused person and the accused person must be asked whether he or she objects to be tried by any of them.

(2) An objection to a military juror may only be made in accordance with this rule.

(3) At any time after the military jury is assembled, and before the military jury is sworn or affirmed, the accused person or prosecuting officer may object to any member or reserve member of the military jury on the ground that the military juror:

(a) is biased; or

(b) is likely to be biased; or

(c) is likely to be thought, on reasonable grounds, to be biased.

(4) If an objection is made under subrule (3) the Military Judge must:

(a) uphold the objection; or

(b) overrule the objection.

(5) This rule also applies in relation to a reserve member or new member who is appointed to a military jury in place of another member in the same manner as it applies in relation to an original member of the military jury.

(6) A Military Judge may question a military juror on oath or affirmation, in the absence of the other military jurors, to determine whether the military juror is biased, likely to be biased, or likely to be thought on reasonable grounds to be biased.

(7) With the leave of the Military Judge, the prosecuting officer and the defending officer may question a military juror on oath or affirmation, in the absence of the other military jurors, about the matters referred to in subsection (6).