Clause 79

Every general court martial shall have jurisdiction to try any person subject to military law for any offence under this Act and to award for any such offence any punishment authorised by this Act.

Every general court martial shall consist of not less than three officers, or any other uneven number of officers of whom not less than two shall be of a rank not below that of captain; and the minimum number mentioned in this subsection shall be the legal minimum for a general court martial.

The president of a general court martial shall be an officer of or above the rank of major and shall be appointed by the convening authority.

Where the accused is of or above the rank of lieutenant-colonel, the president of a general court martial shall be an officer of or above the rank of the accused and at least two of the members of the court martial shall be of or above the rank of lieutenant-colonel.

The determination of the question of the guilt of an accused before a general court martial shall be according to the opinion of the majority of the members of the court hearing the case except that where an accused is found guilty of a charge in respect of which punishment of death is authorised under this Act the decision of the court shall be unanimous.

In the event of the general court martial failing to reach an unanimous decision an accused shall not be convicted of that offence in respect of which punishment of death is authorised by this Act but may, if the members of the court by majority decision agree, be convicted of any lesser offence authorised by this Act.