Section 118 of The Navy Act, 1957
- (1)The trial judge advocate shall then draw up the finding as announced by the court.
- (2)The finding so drawn up shall be signed by all the members of the court by way of attestation notwithstanding any difference of opinion there may have been among the members and shall be countersigned by the trial judge advocate.
- (3)Where the finding on any charge is one of not guilty the court shall acquit the accused of that charge. (4) If the accused is acquitted of all the charges, the court shall, after signing the findings as provided in sub-section (2), be dissolved.
- (5)Neither the court nor the trial judge advocate shall announce in open court whether the finding was unanimous or not; but the president shall make a record of the division of voting on each finding without disclosing the vote or opinion of any particular member of the court-martial and such record shall be communicated to the trial judge advocate for transmission to the Judge Advocate-General of the Navy.
Summary
- The legal advisor must formally write down the decision that the court just announced.
- Every single court member must sign the written decision, even if they personally disagreed with the outcome.
- If the accused is found not guilty of all charges, the court is immediately dissolved after signing the paperwork.
- The court is forbidden from announcing if the vote was unanimous, keeping the voting details entirely secret.
- A private record of how the voting went is sent straight to the top military lawyer, the Judge Advocate-General.
Practical examples
FAQ
1. Do members who voted against the verdict have to sign it under Section 118 of The Navy Act, 1957?
Yes, Section 118 of the 1957 Navy Act requires the finding to be signed by all members by way of attestation, regardless of any difference of opinion among them.
2. Can the public know if the decision was unanimous under Section 118 of the naval law?
No, Section 118 of the defence statute forbids the court and the trial judge advocate from announcing in open court whether the finding was unanimous or not.
3. What happens if a person is found not guilty of everything under Section 118 of the 1957 Act?
Under Section 118 of The Navy Act, 1957, if the accused is acquitted of all charges, the court shall be dissolved after signing the findings.
Test yourself
Q1.Who is responsible for drawing up the finding under Section 118 of The Navy Act, 1957?
Q2.Under Section 118 of the naval law, who must sign the drawn-up finding?
Q3.What happens if an accused is acquitted of all charges under Section 118 of The Navy Act, 1957?
Q4.How does Section 118 of the 1957 Navy Act build upon the process described in Section 117 of the same Act?
Q5.Under Section 118 of The Navy Act, 1957, who ultimately receives the private record of the division of voting?