|
Dissolution of courts-martial.
|
193.—(1) If a court-martial after the commencement of the trial is, by death or otherwise, reduced below the legal minimum, it shall be dissolved.
|
| |
(2) Where after the commencement of the trial the president of a court-martial dies or is otherwise unable to attend and the court is not reduced below the legal minimum, the following provisions shall have effect, that is to say:—
|
| |
(a) in case the senior member of the court-martial is qualified to be appointed president of the court-martial, the convening authority may appoint such senior member to be president of the court-martial, and the trial may proceed accordingly;
|
| |
(b) in case such senior member is not qualified to be appointed president of the court-martial or, being qualified, is not so appointed, the court-martial shall be dissolved.
|
| |
(3) If, on account of the illness of the accused at any time before the finding, it is impossible to continue the trial, a court-martial shall be dissolved.
|
| |
(4) Where a court-martial is dissolved under this section, the accused may be tried again.
|
| |
(5) In this section, the expression “the legal minimum” means—
|
| |
(a) in relation to a general court-martial, five members (including the president),
|
| |
(b) in relation to a limited court-martial, three members (including the president).
|