Armed Forces Act 1996

7 U.K. For section 115 of the M1 Air Force Act 1955 (review of summary findings and awards) there shall be substituted the following section—

“115 Review of summary findings and awards

(1) This section applies where a charge has been dealt with summarily and a finding has been recorded that the charge has been proved.

(2) The accused may at any time request a review of the finding or any punishment awarded (or both); and where he does so, the finding or punishment (or both) shall be reviewed.

(3) The finding or any punishment awarded (or both) may be reviewed at any other time.

(4) A review under this section shall be carried out in accordance with the provisions of Queen’s Regulations.

(5) A review under this section may be carried out by—

(a) the Defence Council;

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

(c) an air officer appointed by the Defence Council to carry out the review or any class of review which includes the review.

(6) Section 113AA of this Act shall apply to a review under this section by an authority mentioned in subsection (5) above as it applies to a review under section 113 of this Act by the reviewing authority.

(7) In the application of section 113AA to reviews under this section, that section shall have effect as if—

(a) references to the court-martial were references to the officer who dealt summarily with the charge;

(b) references to a finding of guilt were references to a finding that the charge has been proved;

(c) references to a sentence passed were references to a punishment awarded; and

(d) subsections (5)(a) and (6) were omitted.”

Marginal Citations

M1 1955 c. 19.