COURTS MARTIAL

Court Martial established under the Armed Forces Act 1972 to handle disciplinary matters among
members of the Malaysian armed forces. This court does not handle criminal and civil cases. Consists
of the Military High Court and the Military Subordinate Court. Among those who can be prosecuted
in the Court Martial are: All members of the Malaysian Army, Territorial soldiers or reserve soldiers,
Civilians employed in military operations and Civilians who are in military transport.

Membership Courts Martial hearings are attended by any officer appointed and authorized by the
YDPA on the advice of the Prime Minister. Military High Court is judged by the President of the rank
of Lieutenant Colonel and two to five other military officers. The Military Subordinate Court is judged
by the President of the rank of Major and two to five other military officers. Jurisdiction Among the
forms of offenses that can be prosecuted in the Court Martial are: Disobeying the orders of
superiors, skipping duties, and leaving service without permission.

The Court Martial may impose any punishment prescribed by Law, except the death penalty. The
death penalty can only be imposed through the confirmation of the YDPA. The Court Martial may
impose the following punishments: Fines, Strict warnings, Demotion, Dismissal and Imprisonment
not exceeding 14 years.

The proceedings of the Military Court Trial are conducted in public, except when considering the
decision and passing sentence on the offender. The decision is made by majority vote and If the
number of votes is equal, the accused will be acquitted. However, the death penalty, the consent of
all members of the Military Court is required. The decision must be confirmed by a certifying officer
appointed by the Armed Forces Council. If it is found that there is a discrepancy between the
evidence and the decision given, the certifying officer may order a retrial. The punishment imposed
by the Court Martial can be appealed in the High Court.
The court martial is one of the Military Courts of the United Kingdom. The Armed Forces Act 2006
establishes the court martial as a permanent standing court. Previously courts-martial were
convened on an ad hoc basis with several traditions, including usage of swords. The court martial
may try any offence against service law. The court is made up of a judge advocate, and between
three and seven (depending on the seriousness of the offence) officers and warrant officers. Rulings
on matters of law are made by the judge advocate alone, whilst decisions on the facts are made by a
majority of the members of the court, not including the judge advocate, and decisions on sentence
by a majority of the court, this time including the judge advocate.

A court-martial or court martial is a military court or a trial conducted in such a court. A court-martial
has the authority to judge the guilt of members of the armed services who are subject to military
law, as well as to decide on punishment if the defendant is found guilty.

Courts-martial have a unique and restricted jurisdiction. Courts-martial jurisdiction, for example,
applies globally yet is restricted to a certain group of people: military personnel.

In general, three conditions must be completed before courts-martial jurisdiction may be granted.
They are: (1) jurisdiction over the offence.

(2) personal jurisdiction over the accused.

(3) a court-martial that has been duly constituted and assembled.

Courts-martial have the authority to try a wide range of military offences, many of which closely
resemble civilian crimes like fraud, theft or perjury. Others, like cowardice, desertion, and
insubordinate on, are purely military crimes.

The Uniform Code of Military Justice (UCMJ) provides for three different types of courts martial:

1. Summary. A summary court martial consists of one commissioned officer who serves as judge and
jury

2. Special. A special court martial consists of a panel of not less than three members and a military
judge, or an accused may be tried by military judge alone on their request.

3. General. A general court martial consists of a panel of not less than five members and a military
judge, or an accused may be tried by military judge alone on their request.
Mahkamah Tentera boleh menjatuhkan sebarang hukuman yang ditentukan oleh Undang-undang,
kecuali hukuman mati.Hukuman mati hanya boleh dijatuhkan melalui pengesahan YDPA .Mahkamah
Tentera boleh menjatuhkan hukuman yang berikut: Denda ,Memberi amaran keras, Penurunan
pangkat ,Pemberhentian kerja dan Hukuman penjara tidak melebihi 14 tahun.

The Court Martial may impose any punishment prescribed by Law, except the death penalty. The
death penalty can only be imposed through the confirmation of the YDPA. The Court Martial may
impose the following punishments: Fines, Strict warnings, Demotion, Dismissal and Imprisonment
not exceeding 14 years.