Naval Discipline Act 1957

71 Power to quash or alter findings

(1) On the review of a finding under section seventy of this Act the Admiralty may—

(a) in any case, quash the finding ;

(b) where some other finding of guilty could lawfully have been made by the court or officer before whom the trial took place, and it appears to the Admiralty that that court or officer must have been satisfied of facts necessary to justify that other finding, substitute that other finding.

(2) Where a finding is quashed by the Admiralty under this section, then—

(a) if the sentence passed in respect of that finding relates to that finding only, the sentence shall be quashed;

(b) if the sentence relates to that and any other finding or findings, the Admiralty may substitute such sentence authorised by this Act in respect of the other finding or findings as they think proper, not being a sentence of greater severity.

(3) Where a finding is substituted by the Admiralty under this section, the Admiralty may substitute for the sentence passed in respect of the original finding such sentence authorised by this Act in respect of the substituted finding as they think proper, not being a sentence of greater severity.

(4) Any finding or sentence substituted under this section shall be treated for all purposes as the finding or sentence of the court or officer before whom the trial took place.