Commentary First Group of Parts – Discipline Part 7- Trial by Court Martial Section 160: Decisions of Court Martial: finding and sentence
322.This section provides that the finding of the Court Martial on a charge and any sentence passed by it must be determined by a majority of the members of the court. However, the judge advocate is not entitled to vote on the finding but if there is an equality of votes on sentence, he has a casting vote. This provision ensures that (as in the Crown Court) the judge advocate is not involved in the “verdict”, which is a matter for the tribunal of fact, but his expertise in sentencing matters is given weight.
323.If there is an equal vote on finding, the person must be acquitted.