Modifications etc. (not altering text)
C1Pt. 7 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(1)
[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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In the case of an equality of votes on the sentence, the judge advocate has a casting vote.
Textual Amendments
F1S. 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
F2Words 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
F3S. 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 Information
I1S. 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)
I2S. 160 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4