Part IIU.K. Trial and punishment of offences

Proceedings of courts-martialU.K.

62 Finding and sentence.F5U.K.

(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)Without prejudice to the provisions of section sixty-one of this Act, the finding of a court-martial on each charge, and any sentence of the court, together with any recommendation to mercy [F3and any reasons for the sentence], shall be announced in open court.

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 62(1) substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 61(2); S.I. 1997/304, art. 2 (with art. 3)

F2S. 62(1A) inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 61(3); S.I. 1997/304, art. 2 (with art. 3)

F3Words in s. 62(3) inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 61(4); S.I. 1997/304, art. 2 (with art. 3)

F4S. 62(4)(5) repealed (11.5.2001) by 2001 c. 19, ss. 38, 39(3)(g), Sch. 7 Pt. 4

Textual Amendments applied to the whole legislation

F5Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions