Defence Act, 1954

Dissolution of courts-martial.

193.—(1) If a court-martial after the commencement of the trial is, by death or otherwise, reduced below the legal minimum, it shall be dissolved.

(2) Where after the commencement of the trial the president of a court-martial dies or is otherwise unable to attend and the court is not reduced below the legal minimum, the following provisions shall have effect, that is to say:—

(a) in case the senior member of the court-martial is qualified to be appointed president of the court-martial, the convening authority may appoint such senior member to be president of the court-martial, and the trial may proceed accordingly;

(b) in case such senior member is not qualified to be appointed president of the court-martial or, being qualified, is not so appointed, the court-martial shall be dissolved.

(3) If, on account of the illness of the accused at any time before the finding, it is impossible to continue the trial, a court-martial shall be dissolved.

(4) Where a court-martial is dissolved under this section, the accused may be tried again.

(5) In this section, the expression “the legal minimum” means—

(a) in relation to a general court-martial, five members (including the president),

(b) in relation to a limited court-martial, three members (including the president).