Defence Act, 1954

Voting at courts-martial on questions other than objections to members of the court.

198.—(1) Subject to the provisions of this section, every question arising at a court-martial after the commencement thereof shall be decided by a majority of the members of such court-martial.

(2) Sentence of death shall not be awarded by a court-martial save with the concurrence of three-fourths or more of the members of such court-martial.

(3) In case of equality of votes of the members of a court-martial on any question arising after the commencement of the court-martial, the following provisions shall, subject to the immediately preceding subsection, have effect, that is to say:—

(a) in case such question is the finding, the accused shall be acquitted;

(b) in any other case, the president of the court-martial shall have a second or casting vote.

(4) This section shall not apply to any objection to a member of a court-martial made under section 197.