Armed Forces Act 1986 (repealed)

References to summary sentence for offence in relation to court-martial U.K.

1 (1) Each of the 1955 Acts shall have effect, and shall be deemed always to have had effect, with the following amendments (being amendments relating to the effect of a summary sentence for an offence in relation to a court-martial), namely—

(a) in subsections (3) and (4) of section 71 (certain sentences to be accompanied by dismissal or reduction to the ranks), before the word “sentenced”, in the first place where it occurs in each of those subsections, there shall be inserted the words “ who, otherwise than under section 57(2) of this Act, is ”;

(b) in the proviso to section 107(2) (which qualifies the provision requiring confirmation of a finding or sentence of a court-martial), after the word “not” there shall be inserted the words “ require a sentence under section 57(2) of this Act to be confirmed or ”;

(c) in section 108 (petitions against finding or sentence), after the word “completed” there shall be inserted the words “ or, in the case of a sentence under section 57(2) of this Act, after the award of the sentence ”; and

(d) in section 113(1) (review of findings and sentences which have been confirmed—

(i) after the word “confirmed” there shall be inserted the words “ or a sentence under subsection (2) of section 57 of this Act ”; and

(ii) for the words from “after confirmation” to “against the” there shall be substituted the words “ a petition is duly presented under section 108 of this Act against a ”.

(2) Subsections (3) and (4) of section 43 of the 1957 Act (certain sentences to be accompanied by dismissal or disrating) shall have effect, and shall be deemed always to have had effect, as if before the word “sentenced”, in the first place where it occurs in each of those subsections, there were inserted the words “ who, otherwise than under section 38(3) of this Act, is ”.

(3) In section 70 of the 1957 Act (review of finding and sentence)—

(a) in subsection (1) after the words “such a finding” there shall be inserted the words “ or under section 38(3) of this Act ”; and

(b) in subsection (2), for the words “or found thereunder” there shall be substituted the words “ sentenced under section 38(3) of this Act or found under section 63(1) of this Act ”.