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.
Read some more FAQS from our Court Martials section