C1C2Part II Discipline and Trial and Punishment of Military Offences
Part 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
Courts-martial: provisions relating to trial
96 Decisions of courts-martial.
1
Subject to the provisions of this section, F2the finding of a court-martial and any sentence awardedshall be determined by a majority of the votes of the members of the court.
F31A
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 F4entitled to vote on the finding; and where on such a finding beingcome to by a majority of F5those 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, F6. . ., the president shall have a second or casting vote.
Part II extended by Reserve Forces Act 1980 (c. 9), s. 142