Court Martial Act 2007

Jurisdiction, procedures, and powers - Findings of Court Martial - Sentence of Court Martial

61: Sentence of Court Martial

You could also call this:

"How a Court Martial Decides Your Sentence"

Illustration for Court Martial Act 2007

When you are sentenced by a Court Martial, the sentence must be agreed by most of the Judge and the military members. The Judge and the military members vote on the sentence. The Judge has the final say if the votes are equal. The Judge's vote is important because if the other votes are equal, the Judge gets to decide. This means the Judge has a special vote called a casting vote. This casting vote helps make a decision when the other votes are equal. The Court Martial follows rules to make sure the sentence is fair. The sentence is decided by the votes of the Judge and the military members. The Judge's casting vote is used to break a tie.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002012.

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Part 2Jurisdiction, procedures, and powers
Findings of Court Martial: Sentence of Court Martial

61Sentence of Court Martial

  1. The sentence of the Court Martial (if any) must be passed by the majority of the votes of the Judge and the military members.

  2. However, if there is an equality of votes on the sentence, the Judge has a casting vote.