Army Act 1955 (repealed) (c. 18)

Part II U.K. Discipline and Trial and Punishment of Military Offences

Modifications etc. (not altering text)

C1 Part II extended by Reserve Forces Act 1980 (c. 9), s. 142

C2 Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2

[F1 Review of proceedings of courts-martial]F10 U.K.

Textual Amendments

F1 S. 112 and cross-heading substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 16, Sch. 5 para. 3; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Textual Amendments applied to the whole legislation

F10 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

F2 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 S. 112 repealed (11.5.2001) by 2001 c. 19, s. 38, Sch. 7 Pt. 4

[F3 113 Review of findings and sentences of courts-martial. U.K.

(1) Where a court-martial has found the accused guilty of any offence, the accused may, before the end of the prescribed period after sentence is passed, present a petition to the Defence Council against finding or sentence or both.

(2) The reviewing authority shall, in accordance with subsections (3) and (4) below, review any finding of guilt made, and sentence passed, by a court-martial.

(3) The review under this section shall (if it does not begin sooner) begin as soon as is practicable after—

(a) in a case where a petition has been presented under this section, the presentation of the petition;

(b) in any other case, the end of the period within which a petition under this section may be presented.

(4) Where an application for leave to appeal to the Courts-Martial Appeal Court against a finding or sentence has been made before the review under this section of the finding or sentence has been completed—

(a) the reviewing authority shall complete the review as soon as is practicable; but

(b) if leave to appeal is granted before the review has been completed, the authority shall cease considering the review.

(5) For the purposes of this Act the reviewing authority is—

(a) the Defence Council; or

(b) any officer to whom all or any of the powers of the Defence Council as reviewing authority may be delegated by the Defence Council.

F4 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F3 Ss. 113, 113AA substituted (1.4.1997 subject to art. 3 of the commencing S.I.) for s. 113 by 1996 c. 46, s. 16, Sch. 5 para. 4; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F4 S. 113(6) repealed (11.5.2001) by 2001 c. 19, s. 38, Sch. 7 Pt. 4

F5 113AA Powers of the reviewing authority. U.K.

(1) On a review under section 113 of this Act of a finding or sentence of a court-martial the reviewing authority has the following powers.

(2) In so far as the review is of a finding of guilt, the authority may—

(a) quash that finding and, if the sentence relates only to that finding, quash the sentence passed in consequence of that finding;

(b) substitute a finding mentioned in subsection (3) below if that finding could have been validly made by the court-martial and the authority is of the opinion that the court-martial must have been satisfied of facts which would justify the making of that finding;

and, where another finding is so substituted, the authority may pass any such sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) open to a court-martial on making such a finding as appears proper.

(3) The findings referred to in subsection (2) above are—

(a) any finding of guilt which could have been validly made by the court-martial on the charge before it;

(b) if the court-martial recorded no finding on a charge alternative to a charge on which the court made the finding being reviewed, a finding of guilt on that alternative charge.

(4) In so far as the review is of a sentence, the authority may quash the sentence or substitute a sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) which was open to the court-martial.

(5) In reviewing a sentence, the authority may—

(a) revoke an order made by the court under section 120A(1) of this Act;

(b) remit in whole or part any punishment awarded by the court;

(c) commute any such punishment for one or more punishments provided by this Act, being less than the punishment commuted.

(6) Where it appears to the reviewing authority that the court-martial, in sentencing the accused, exceeded or erroneously exercised its powers to take other offences into consideration, the authority shall (whether or not substituting a different sentence or remitting or commuting punishment) annul the taking into consideration of the other offence or offences in question and any orders dependent thereon; and where the authority does so the offence or offences shall be treated for all purposes as not having been taken into consideration.

(7) Any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment—

(a) shall be treated for all purposes as having been made or passed by the court;

(b) shall be promulgated and shall have effect as from the date of promulgation.

Textual Amendments

F5 Ss. 113, 113AA substituted (1.4.1997 subject to art. 3 of the commencing S.I.) for s. 113 by 1996 c. 46, s. 16, Sch. 5 para. 4; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

[F6 113A Power of reviewing authority to authorise retrial. U.K.

(1) The following provisions of the M1 Courts-Martial (Appeals) Act 1968, that is tosay,—

• section 19,

• section 20, and

• Parts II and IV of Schedule 1,

(power of Courts-Martial Appeal Court to authorise retrial and supplementary provisions applicable whenthe power is exercised) shall apply with any necessary modifications in relation to the review by [F7 the reviewing authority] under section 113 of this Act of the findings of a court-martial, as theyapply in relation to an appeal to the Courts-Martial Appeal Court.

(2) Any document purporting to be an order or direction made or given by virtue of the foregoing subsectionby the [F8 reviewing authority] shall be evidence of the making of the order or the giving of the direction, as thecase may be, and of its contents.]

Textual Amendments

F6 S. 113A inserted by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 4

F7 Words in s. 113A(1) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 16, Sch. 5 para. 5(a); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F8 Words in s. 113A(2) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 16, Sch. 5 para. 5(b); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Modifications etc. (not altering text)

C3 S. 113A excluded (1.4.1997) by S.I. 1997/172, art. 86

Marginal Citations

M1 1968 c. 20.

F9 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F9 S. 114 repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2