Schedules

Schedule 1Constitution of the Court Martial

I1I2I34Findings and sentence

1

Section 160 of AFA 2006 (decisions of Court Martial: finding and sentence) is amended as follows.

2

Before subsection (1) insert—

A1

The finding of the Court Martial on a charge must be determined by votes of the members of the Court Martial other than the judge advocate (the “lay members”) and—

a

where there are three lay members, must be a finding with which no fewer than two of them agree;

b

where there are four lay members, must be a finding with which no fewer than three of them agree;

c

where there are five lay members, must be a finding with which no fewer than four of them agree;

d

where there are six lay members, must be a finding with which no fewer than five of them agree.

3

In subsection (1), for the words from “the following” to “passed by it,” substitute “subsection (4), any sentence passed by the Court Martial”.

4

Omit subsections (2) and (3).