Malaysia legislation

Section 111

of *ARMED FORCES ACT 1972

Section 111

(2)

Without prejudice to the generality of the foregoing subsection, if after the commencement of the trial a court-martial is, by reason of the death of one of the members or any other reason, reduced below the legal minimum, it shall be dissolved.

(3)

If after the commencement of the trial the president dies or is otherwise unable to attend and the court is not reduced below the legal minimum, then—

(a)

if the senior member of the court is of the rank of captain its equivalent or is of higher rank, the convening officer may appoint him president and the trial shall proceed accordingly; but

(b)

if he is not of such rank as specified above, the court shall be dissolved.

(4)

Without prejudice to the generality of subsection (1), if after the commencement of the trial it is represented to the convening officer that owing to the sickness or other incapacity of the accused it is impracticable having regard to all circumstances to continue the trial within a reasonable time, the convening officer may dissolve the court.

(5)

Where a court-martial is dissolved under the foregoing provisions of this section, the accused may be tried by another court-martial.

Decisions of courts-martial