Armed Forces Act 1976

20 (1) A finding or sentence of a Standing Civilian Court may at any time be reviewed by a reviewing authority; and if a petition against finding or sentence is duly presented under paragraph 19 above, or notice is given of an appeal against a finding or sentence, the finding or sentence shall be reviewed by the reviewing authority as soon as may be after the presentation of the petition or notice and after consideration of the matters alleged in it. U.K.

(2) On a review the reviewing authority may—

(a) in so far as the review is of a finding, quash the finding, and if the sentence relates only to the finding quashed, the sentence; and

(b) in so far as the review is of a sentence, quash the sentence; and

[F1 (c) in any case, subject to sub–paragraph (3) below, exercise the like powers of substituting findings, substituting sentences, remitting or commuting punishment or annulling the taking of other offences into consideration (and orders dependent thereon) as are conferred on [F2 an authority carrying out a review under section 115] of the Army Act 1955;]

and any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment, shall be treated for all purposes as a finding or sentence of the court.

(3) Neither the power to substitute a different sentence for a sentence imposed by the court nor the power to commute such a sentence shall be exercisable so as to impose a sentence which the court could not have imposed.

[F3 (4) A reviewing authority may at any time suspend a sentence of a Standing Civilian Court.]

(5) Where the sentence of a person in custody is suspended under sub-paragraph (4) above, he shall thereupon be released.

[F4 (5A) At any time while any sentence is so suspended, the suspension may be determined by the reviewing authority who suspended the sentence.]

(6) Where, while any sentence is so suspended the person sentenced is sentenced by a Standing Civilian Court or a court-martial under the Army Act 1955, the M1 Air Force Act 1955 or the M2 Naval Discipline Act 1957 for a fresh offence, [F5 then, without prejudice to the generality of sub-paragraph (5A) above,] the suspension of the earlier sentence may be determined—

(a) by order of any such court on awarding the later sentence, or

(b) by order of the appropriate authority on the review of that sentence.

(7) In sub-paragraph (6) above, “the appropriate authority” means—

(a) where the later sentence was awarded by a Standing Civilian Court, the reviewing authority, or

(b) where the later sentence was awarded by a court-martial, the authority conducting its review.

(8) A sentence which has been suspended shall, unless the suspension has been sooner determined, be remitted by virtue of this sub-paragraph at the expiry of one year from the date on which the suspension took effect.

(9) The reviewing authorities for the purposes of this paragraph and paragraph 19 above shall be the [F6 higher authority]and any superior officer or authority.

Textual Amendments

F1 Sch. 3 para. 20(2) ( c ) substituted by Armed Forces Act 1981 (c. 55, SIF 7:1) , s. 5(3)

F2 Words in SCh. 3 para. 20(2)(c) substituted (1.4.1997) by 1996 c. 46 , s. 35(1) , SCh. 6 para. 9(b); S.I. 1997/304 , art. 2 (with art. 3 )

F3 Sch. 3 para. 20(4) substituted by Armed Forces Act 1981 (c. 55, SIF 7:1) , s. 10 , Sch. 1 para. 4(3)

F4 Sch. 3 para. 20(5A) inserted by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 10, Sch. 1 para. 4(4)

F5 Words inserted by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 10, Sch. 1 para. 4(5)

F6 Words in SCh. 3 para. 20(9) substituted (1.4.1997) by 1996 c. 46 , s. 5 , Sch. 1 Pt. IV para. 103(10) ; S.I. 1997/304 , art. 2 (with art. 3 )

Marginal Citations

M1 1955 c. 19 .

M2 1957 c. 53 .