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Amendment of section 198 of Principal Act (voting at courts-martial).
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48.— The following section is substituted for section 198 of the Principal Act:
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“Courts-martial: findings and sentence.
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198.— (1) Subject to the provisions of this section, in the case of a general court-martial or limited court-martial, a finding of guilty on any charge shall be decided by a majority of at least two-thirds of the members of the court-martial board, after the military judge has summed up the law and the evidence.
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(2) Where two-thirds of the members of the court-martial board is not a whole number, the next highest whole number shall be taken to be two-thirds for the purposes of subsection (1) of this section.
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(3) If the number of members of the court-martial board who vote for a guilty finding on any charge is less than that referred to in subsection (1) of this section the accused shall be acquitted of that charge.
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(4) The military judge presiding at a general court-martial or limited court-martial is not entitled to vote on the finding.
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(5) The military judge presiding at a court-martial shall determine the sentence.”.
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