Courts-Martial deal with serious offences or with minor criminal and military offences when the accused elects a Court-Martial.

An accused is referred for trial by Court-Martial if they cannot be dealt with by their Commanding Officer because

• of their rank

• of the seriousness of the offence, or

• they elect trial by court-martial

The Commanding Officer refers the case to a higher authority. If the case is suitable for trial by Court-Martial, they refer it to the Army Prosecuting Authority.

The Army Prosecuting Authority decides if the case is suitable for Court-Martial.

There are two levels of Court-Martial, a

• District Court-Martial convened for routine offences

• General Court-Martial convened for more serious offences

All Courts-Martial consist of a judge advocate with some commissioned officers and/or warrant officers.

A District Court-Martial has three officers.

A General Court-Martial has five officers.

The judge advocate is responsible for directing those officers on the law and on sentencing, if the accused is convicted.

A District Court-Martial may not award a sentence of imprisonment or detention exceeding two years.

A General Court-Martial may award any sentence permitted by law for the offence in question.

An accused may appeal against the findings and/or sentence to the Court-Martial Appeal Court.

The finding and/or award may be upheld, quashed or varied

The Discipline and Military Law Reference Library includes more military discipline information.