Subpart 4—Findings of Court Martial

Finding on charge

55 Finding of Court Martial

(1)

The finding of the Court Martial on a charge must be determined by the unanimous vote of the military members.

(2)

If the military members are unable to reach a unanimous decision on the charge, the Judge must refer the charge back to the Director of Military Prosecutions after discharging the military members in accordance with section 48(1)(a).

(3)

The Director of Military Prosecutions may then—

(a)

decide not to proceed with the charge; or

(b)

lay the charge sheet again, or an amended version of the charge sheet, before the Registrar.

(4)

If subsection (3)(b) applies, the Registrar must assign new military members in accordance with sections 22 to 26 and, as the case may be, section 28.