Martial Court

Martial Court is a military court. The Court-Martial has jurisdiction over any member of the various military forces in the country. It consists of a President and at least two officers who must be present during a trial. The Armed Forces Act 1972 is used in martial court in Malaysia. The Armed Forces are dealt with simply as an entity in their own right. This is an act to amend and consolidate the law relating to the establishment of the Armed Forces of Malaysia.

Jurisdiction And Powers Of A Court-Martial

S.103(1) of Act 77 provides the Martial Court the jurisdiction to try any person subject to service law for any offence which is triable by court-martial. The same section also provides the mentioned court the jurisdiction to award for any such offence any punishment authorized by this Act for that offence.

S.88(1) also includes the jurisdiction of Martial Court to civil offences committed whether in the Federation (of Malaysia) or elsewhere (outside of Malaysia).

S.88(2) defines as what is meant by ‘civil offence’. ‘Civil Offence’ means any act or omission punishable by the law of the Federation; or which, if committed in the Federation, would be punishable by that law.

S.88(3) explain the example of specific punishment for specific cases like offences relating to treason, murder, manslaughter, rape.

If the court could not award punishment, convicted person shall be liable to punishment not less than dismissal with disgrace from His Majesty's service in the case of an officer or detention in the case of a serviceman.

S.112(4) provides that the power of the martial court includes imposing death sentence or any less punishment. However capital punishment can only be sentenced by a unanimous decision.

Court Members

S.105(1) defines the composition of members of the Martial Court. This includes the President and not less than 2 other officers.

S.105(3) clearly states that the members appointed must be at least of 2 years in service whether attached, seconded or on loan.

S.103(4) then further elaborates that the bench sitting or the panel members of a trial against an officer or a warrant officer. Only with a minimum of five officers, may the Court Martial try any offence punishable by death. However, if the members are less than five officers, the Court Martial shall not award punishment more than 2 years imprisonment.

Eligibility Of Court Members

S.105 explains the eligibility of the said court members. The officers may appoint other members to be in the Court Martial (Army, Navy or Air Force), but the officer shall belong to the same service. In the event where the previous officer is not available, it is acceptable to appoint members from different service but must have the requisite qualification and the consent of the other service.

Quorum Of Court Members

According to S.105(4), in the advent of a hearing with the quorum for court of five members or more, the president shall be an officer or above the rank of lieutenant-colonel or its equivalent; and shall be appointed by the order of the officer convening the court-martial.

By virtue of S.105(5), in the advent of a hearing with the quorum for court of less than five members the Presidents shall be above the rank of major or its equivalent, must be appointed by order of the officer convening the court-martial; and unless, in the opinion of the convening officer, or its equivalent is not available.

The Ranks Of Court Members And The Accused

However, S.105(6) indicates that if the accused is or above the rank of brigadier- general, the president shall be or above the rank of the accused. Furthermore, the other members shall be or above the rank of colonel.

S.105(7) further provides that if the accused is or above the rank of colonel, the president shall be or above the rank of colonel. Moreover, the other members shall be or above the rank of lieutenant-colonel.

S.107(8) then provides that if the accused if or above the rank of lieutenant-colonel, at least two members (other than the president) shall be or above the rank of lieutenant-colonel.

Convening Authorities

S.104(1) clarified that the Martial Court may be convened by qualified officer authorised by the Yand Di-Pertuan Agong or any officer under the command of an officer authorised by Yang Di-Pertuan Agong.

The qualifications of ‘qualified officer’ is The Chief of Armed Forces Staff, The Chief of the Army, The Chief of the Navy, The Chief of the Air Force, or any officer not below the rank of colonel or its equivalent who is in command of a body of troops, or of a body of naval command, or of a body of the air force.

Court Sitting

S.107(1) stated that the court-martial may sit at any place specified by the authorities, whether within or outside the Federation. The trial may even be convened outside the territorial limits of his command.

Court Decision

S.112(1) indicated that the decision of the court-martial will be made by votes of the majority of the court members. In the event when the votes are equal, the court-martial shall then acquit the accused as by virtue of S.112(2)

Depressingly, if the accused was found guilty of his crimes, the accused shall be awarded the sentence. However, S.112(3) clearly states that A finding of guilty where the only punishment which the court can award is death shall not have effect unless it is reached with the concurrence of all members of the court; and where, on such a finding being come to by a majority of the members, there is no such concurrence, the court shall be dissolved and the accused may be tried by another court-martial.

If there is no unanimous decision, the court shall dissolve and the accused along with the case shall be re-tried in another court martial.

In the event of equal votes on the sentence or question arising after trial, S.112(5) provides that the president shall have a second or casting vote.

Sentence and Punishment

According to S.89(2), the choices of sentences are death, imprisonment no longer than 14 years, dismissal with disgrace from His Majesty's service, dismissal from His Majesty's service, forfeiture of seniority of rank or, in the case of an officer whose promotion depends upon length of service, forfeiture of all or any part of his service for purposes of promotion.

S.89(2) also defines the punishments for officers which are dismissal of an officer from the ship to which he belongs, fine, severe reprimand, reprimand, where the offence has occasioned any expense, loss or damage, stoppages.

S.90(2) then defines the sentences upon servicemen which includes death, imprisonment not exceeding 14 years, work dismissal, on probation not exceeding two years, may be punished if the serviceman is still in active service, field punishment not less than 90 days if the offender is still active on service, reduction to the ranks, forfeiture of seniority of seniority of rank if in the case of warrant officer or noncommissioned officer, a fine where the offence is desertion or forfeiture of service, severe reprimand or reprimand if in the case of warrant officer or non-commissioned officer, forfeiture of good conduct medal or good conduct badges or both either in addition to or in lieu of any other punishment and stoppage where the offence has occasioned any expense, loss or damage