(11) The member in charge of a detention barracks or the person in charge of a civil prison to whom a warrant referred to in subsection (10) is addressed shall act in accordance with the terms of that warrant. 55 Appointment and functions of judge advocate (1) A judge advocate may be appointed for a court martial by the convening authority. (2) The functions of a judge advocate at a trial by a court martial shall be as prescribed and regulations may make provision— (a) as to the effect of advice and rulings given to a court martial by a judge advocate on questions of law; (b) for requiring or authorizing the president of a court martial in such cases as may be prescribed to direct that questions of law shall be determined by a judge advocate in the absence of the president and other members of the court martial. (3) Subject to subsection (7) of section sixty-three, in reviewing the proceedings of a court martial in terms of that section or section sixty-four a confirming authority may consult with the judge advocate appointed to that court. 56 Law to be observed by courts martial Except as is otherwise provided by this Act, the law which shall be observed in the trial of any charge before a court martial as to — (a) the onus of proof; and (b) the sufficiency or admissibility of evidence; and (c) the competency, compellability, examination and cross-examination of witnesses; and (d) any matter of procedure; shall be the law in force in criminal proceedings in the civil courts. 57 Judicial notice A court martial shall take judicial notice of all matters of notoriety, including all matters within the gen eral service knowledge of the court, and of all other matters which would be judicially noticed in the civil courts. 58 Decisions of courts martial (1) Subject to this section, every question to be determined at a trial by court martial shall be determined by a majority of the votes of the members of the court. (2) In the case of an equality of votes on the finding, the court shall acquit the accused. (3) A finding of guilty on a charge 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, if on such a finding by a majority of the members of the court there is not such concurrence, the court shall be dissolved and the accused may be tried by another court. (4) If the accused is found guilty and the court has power to sentence him either to death or to some lesser punishment, sentence of death shall not be passed without the concurrence of all members of the court. (5) In the case of an equality of votes on the sentence or on any question arising after the commencement of a trial, except the finding, the president shall have a second or casting vote. 59 Finding and sentence (1) Subject to section fifty-two and the proviso to subsection (7) of section sixty -four, the finding of a court martial on each charge shall be announced in open court. (2) Subject to section fifty-two and the proviso to subsection (7) of section sixty -four, any sentence of a court martial together with any recommendation of mercy shall be announced in open court. (3) The finding of guilty and sentence of a court martial shall be announced as being subject, in terms of section sixty -two, to confirmation. 60 Restitution or confiscation of property (1) When any member is convicted of theft or any other offence whereby he has unlawfully obtained any property and such property or any portion thereof is found in his possession or under his control, a military court may order that such property or such portion thereof be restored to its lawful owner. (2) When any member is convicted of an offence which was committed by means of any weapon, instrument or other article produced to a military court, the court may, if it thinks fit, declare such weapon, instrument or other article to be forfeited to the State. 61 Conviction of offence other than that charged (1) If, upon the trial of any accused before a military court or civil court upon a charge of any offence in terms of the First Schedule specified in the first column of the Second Schedule, it appears upon the evidence that the accused did not commit that offence, he may be convicted of any offence in terms of the First Schedule specified opposite thereto in the second column of the Second Schedule, if the evidence establishes that he committed that offence. (2) Where an accused is charged before a court martial with an offence in terms of paragraph 39 of the First Schedule which involves the commission of a civil offence referred to in that paragraph and that civil offence is