Defence Act 1954

198

F241 [ Courts-martial: findings and sentence.

198. (1) Subject to the provisions of this section, in the case of a general court-martial or limited court-martial, a finding of guilty on any charge shall be decided by a majority of at least two-thirds of the members of the court-martial board, after the military judge has summed up the law and the evidence.

(2) Where two-thirds of the members of the court-martial board is not a whole number, the next highest whole number shall be taken to be two-thirds for the purposes of subsection (1) of this section.

(3) If the number of members of the court-martial board who vote for a guilty finding on any charge is less than that referred to in subsection (1) of this section the accused shall be acquitted of that charge.

(4) The military judge presiding at a general court-martial or limited court-martial is not entitled to vote on the finding.

(5) The military judge presiding at a court-martial shall determine the sentence. ]

Annotations:

Amendments:

F241

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 48, S.I. No. 254 of 2008.

Editorial Notes:

E54

Previous affecting provision: subs. (2) deleted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(i), commenced on enactment; new subs. (2) substituted as per F-note above.