Part II Discipline and Trial and Punishment of Military Offences
Courts-martial: provisions relating to trial
96 Decisions of courts-martial.
(1)
Subject to the provisions of this section, F1the finding of a court-martial and any sentence awardedshall 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.