Modifications etc. (not altering text)
C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142
C2Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2
(1)Subject to the provisions of this section, [F1the finding of a court-martial and any sentence awarded]shall be determined by a majority of the votes of the members of the court.
[F2(1A)The judge advocate shall not be entitled to vote on the finding.]
(2)In the case of an equality of votes on the finding, the court shall acquit the accused.
(3)A finding of guilty where the only punishment which the court can award is death shall not have effectunless it is reached with the concurrence of all the members of the court [F3entitled to vote on the finding]; and where on such a finding beingcome to by a majority of [F4those members] there is no such concurrence, the court shall be dissolved and theaccused may be tried by another court.
(4)Where the accused is found guilty and the court has power to sentence him either to death or to someless punishment, sentence of death shall not be passed without the concurrence of all the members of thecourt.
(5)In the case of an equality of votes on the sentence, F5. . ., the president shall have a second or casting vote.
Textual Amendments
F1Words in s. 96(1) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 27(1)(2); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F2S. 96(1A) inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 27(1)(3); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F3Words in s. 96(3) inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 27(1)(4)(a); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F4Words in s. 96(3) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 27(1)(4)(b); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F5Words in s. 96(5) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III, para. 27(1)(5), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
Textual Amendments applied to the whole legislation
F6Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2