OpenLegislation

Section 160 Decisions of Court Martial: finding and sentenceI1I2

F1(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.

(1)

Subject to F2subsection (4), any sentence passed by the Court Martial must be determined by a majority of the votes of the members of the court.

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In the case of an equality of votes on the sentence, the judge advocate has a casting vote.

Annotations

Textual amendments

F1

S. 160(A1) inserted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 4(2); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F2

Words in s. 160(1) substituted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 4(3); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F3

S. 160(2)(3) omitted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by virtue of Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 4(4); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

Commencement

I1

S. 160 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2

S. 160 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)

Notes on Part 7

Modifications

C1

Pt. 7 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(1)