Section 136: Dissolution of courts-martial

(1) Where, whether before or after the commencement of the trial, it appears to the convening officer necessary or expedient in the interest of the administration of justice that a court-martial should be dissolved, the convening officer may by order dissolve the court-martial.
(2) Without prejudice to the generality of subsection (1) of this section, if after the commencement of a trial by a court-martial, the membership of the court-martial is reduced, by reason of the death of one or more of the members or for any other reason, below the legal minimum, it shall be dissolved.
(3) The proceedings of a court-martial shall be valid notwithstanding the absence of one or more of the members other than the President, provided that the number of members present throughout the proceedings is not reduced below the legal minimum, but a member of the court-martial who has been absent for any time during a sitting shall take no further part in the proceedings.
(4) Where after the commencement of the trial, the President of the court-martial dies or is otherwise unable to attend and the court-martial is not reduced below the legal minimum, then-
(a) if the senior member of the court-martial is of the rank of major or corresponding rank or is of higher rank and seniority than the accused, the convening officer may appoint him President and the trial shall proceed accordingly; and
(b) if he is not, the court-martial shall be dissolved.
(5) Without prejudice to the generality of subsection (1) of this section, if after the commencement of the trial, it is represented to the convening officer that owing to the sickness or other incapacity of the accused it is impracticable, having regard to all the circumstances, to continue the trial within a reasonable time, the convening officer may dissolve the court-martial.
(6) Where a court-martial is dissolved under the provisions of this section, the accused may be tried by another court-martial.