There are three classes of courts-martial as follows:-
- Summary Court-Martial
- Limited Court-Martial
- General Court-Martial
Note: Any reference to a Military Judge in the following paragraphs may be taken to mean either a Military Judge or a Circuit Court Judge designated to perform the functions of a Military Judge.
The Summary Court-Martial
The Summary Court-Martial is a standing Military Court consisting of a Military Judge sitting alone. All Military Judges are authorised to preside at and constitute the Summary Court-Martial. The Court-Martial Administrator, on the direction of the Director of Military Prosecutions, refers cases to the Summary Court-Martial. The Summary Court-Martial exercising its original or appeal jurisdiction as the case may be, hears cases involving less serious offences against Military Law and/or the Criminal Laws of the State. Personnel of all ranks up to and including the commissioned rank of Commandant may be tried by Summary Court-Martial. The Summary Court-Martial may sit at any place within or outside the State. The Military Judge decides on all issues of law and fact arising before the Summary Court-Martial. The maximum sentence of imprisonment, which may be awarded by the Summary Court-Martial, is six months.
Limited Court-Martial
A Limited Court-Martial (LCM) is not a standing Military Court and will only be convened by the Court-Martial Administrator (CMA) on the direction of the Director of Military Prosecutions. A LCM consists of a Military Judge presiding and a Court-Martial Board composed of at least three members of the Defence Forces. The CMA specifies the members of the Board, which is usually composed of three members (two commissioned officers and one senior non-commissioned-officer, or it may be composed entirely of commissioned officers) and it must include at least one officer holding the military rank of Commandant (or higher rank). A LCM can only hear cases where the accused holds non-commissioned rank. A LCM may sit at any place within or outside the State. The Military Judge decides on all issues of law arising, and the Court-Martial Board decides all issues of fact. Findings of fact will require a two-thirds majority. The Military Judge decides the sentence, if any, to be imposed. The maximum sentence of imprisonment, which may be awarded by a LCM, is two years.
General Court-Martial
Like a Limited Court-Martial (LCM), a General Court-Martial (GCM) is not a standing Military Court and will only be convened by the Court-Martial Administrator (CMA) on the direction of the Director of Military Prosecutions. A GCM consists of a Military Judge presiding and a Court-Martial Board composed of at least five members of the Defence Forces. The CMA specifies the members of the Board, which may be composed of commissioned officers and one senior non-commissioned-officer or it may be composed entirely of commissioned officers. If the accused is a commissioned officer the entire Board must be composed of commissioned officers. The Board must include at least one officer holding the military rank of Colonel (or higher rank). A GCM hears cases involving serious offences against Military Law and/or the Criminal Laws of the state. Commissioned officers holding the military rank of Lieutenant Colonel or any higher rank cannot be tried by Summary Court-Martial or LCM. Lieutenant Colonels and higher ranks can only be tried by GCM. A GCM may sit at any place within or outside the State. Similar to the procedure at a LCM, the Military Judge decides on all issues of law arising before a GCM and the Court-Martial Board decides all issues of fact. Findings of fact will require a two-thirds majority. The Military Judge decides the sentence, if any, to be imposed. A GCM may award sentences of imprisonment up to and including imprisonment for life.
