Air Force Act 1955 (repealed)

Review of summary findings and awardsF4 U.K.

Textual Amendments applied to the whole legislation

F4 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

115 Review of summary findings and awards. U.K.

(1) Where a charge has been dealt with summarily, otherwise than by the dismissal thereof, the authority hereinafter mentioned may at any time review the finding or award.

(2) The said authority is—

(a) [F1 the Defence Council], or

(b) any air-force, naval or military officer superior in command to the officer who dealt summarily with the charge, or

(c) any other officer being—

(i) an air officer appointed by [F1 the Defence Council] to act for the purposes of this section in any particular case, or

(ii) an air officer, or air officer of a class, so appointed for any class of cases.

(3) Where on a review under this section it appears to the said authority expedient so to do by reason of any mistake of law in the proceedings on the summary dealing with the charge or of anything occurring in those proceedings which in the opinion of the authority involved substantial injustice to the accused, the authority may quash the finding; F2 .

[F3 (3A) If a finding in any proceedings is quashed under the last foregoing subsection and the award made in those proceedings relates only to the finding quashed, the authority shall also quash the award; and if the award relates also to any other finding and it appears to the authority that the award was not warranted by this Act in respect of that other finding, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, being a punishment or punishments which could have been included in the original award in relation to that other finding, and not being in the opinion of the authority more severe than the punishment or punishments included in the original award.]

(4) Where on a review under this section it appears to the said authority that a punishment awarded was invalid, or too severe, or (where the award included two or more punishments) that those punishments or some of them could not validly have been awarded in combination or are, taken together, too severe, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, being a punishment or punishments which could have been included in the original award and not being in the opinion of the authority more severe than the punishment or punishments included in the original award.

Textual Amendments

F1 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F2 Words repealed by Army and Air Force Act 1961 (c. 52), s. 25

F3 S. 115(3A) inserted by Army and Air Force Act 1961 (c. 52), s. 25