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Are there different types of courts martial?

  • A court martial can be either:
    • a general court martial consisting of a President and at least 4 other members; or
    • a restricted court martial consisting of a President and at least 2 other members.
  • Offences can be tried either by general or restricted court martial.
  • In a restricted court martial the court is not permitted to hand out a sentence of imprisonment for life or detention or imprisonment greater than 6 months.
  • The guilt of the accused is determined by a majority vote of the members. Where the vote is equal the President will have the casting vote.
  • A Judge Advocate or Defence Force Magistrate also sits in the court martial. Their function is similar to a judge in civilian courts. The Judge Advocate’s directions on matters of law are binding on the President and members.

 

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