Part IIU.K. Discipline and Trial and Punishment of Military Offences

Modifications etc. (not altering text)

C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142

C2Part 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

Confirmation, revision and review of proceedings of courts-martialU.K.

107 Confirmation of proceedings of courts-martial.F2U.K.

(1)Where a court-martial finds the accused guilty on any charge, the record of the proceedings of thecourt-martial shall be transmitted to a confirming officer for confirmation of the finding and sentence ofthe court on that charge.

(2)A finding of guilty or sentence of a court-martial shall not be treated as a finding or sentence of thecourt until confirmed:

Provided that this subsection shall not [F1require a sentence under section 57(2) of this Act to be confirmed or] affect the keeping of the accused in custody pending confirmation or the operation of the two nextfollowing sections or the provisions of this Act as to confirmation or approval.

Textual Amendments

F1Words inserted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1),s. 16(1), Sch. 1 para. 1(1)(b)

Textual Amendments applied to the whole legislation

F2Act: 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