Air Force Act 1955 (repealed)

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

Textual Amendments

F1 Cross-heading and s. 112 substituted for s. 112 (1.4.1997) by 1996 c. 46, s. 16, Sch. 5 para. 3; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

112 Approval as well as confirmation required for certain death sentences. U.K.

(1) A sentence of death confirmed by an officer below the rank of air vice-marshall shall not be carried into effect unless approved by an officer not below the rank of air vice-marshal or by a naval or military officer of corresponding rank, being a naval or military officer commanding the command in which the person under sentence was serving at the date of the sentence.

(2) Without prejudice to the provisions of the last foregoing subsection, a sentence of death passed by a court-martial shall not be carried into effect in a colony unless approved by the Governor of the colony.

(3) Notwithstanding anything in the foregoing provisions of this section, sentence of death passed on a person on active service may be carried out without such approval as is mentioned in subsection (1) or subsection (2) of this section where in the opinion of the confirming officer it is essential in the interests of discipline and for the purpose of securing the safety of the force with which the person sentenced is present that the sentence should be carried out forthwith, and the confirming officer states that opinion in the minute confirming the sentence.

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

(1) A finding or sentence which has been confirmed [F2 or a sentence under subsection (2) of section 57 of this Act] may at any time be reviewed by a reviewing authority, and if [F3 a petition is duly presented under section 108 of this Act against a] finding or sentence then, subject to the provisions of this section, the finding or sentence shall be so reviewed as soon as may be after the presentation of the petition and after consideration of the matters alleged therein.

(2) The reviewing authorities for the purposes of this Act are the following:—

(a) Her Majesty,

(b) [F4 the Defence Council], or (so far as the delegation extends) any officer to whom the powers of [F4 the Defence Council] as reviewing authority, or any of those powers, may be delegated by, or by regulations of, [F4 the Defence Council],

(c) any officer superior in command to the confirming officer.

(3) If an application for leave to appeal [F5 against conviction or sentence] is received by the registrar of the Courts-Martial Appeal Court or the said registrar receives particulars of such an application furnished in pursuance of [F6 section 9(4)(b) of the M1 Courts-Martial (Appeals) Act 1968], so much of subsection (1) of this section as requires the review of a finding or sentence against which a petition has been presented shall thereupon cease to apply to the finding to which the application for leave to appeal relates and the sentence passed in consequence of that finding [F5 or, as the case may be, to the sentence to which the application relates]

(4) Notwithstanding anything in subsection (1)

of this section, a sentence of death passed on a person on active service and the finding of guilty in consequence of which it was passed shall not be required to be reviewed if in the opinion of the confirming officer it is essential in the interests of discipline and for the purpose of securing the safety of the force with which the person sentenced is present that the sentence should be carried out forthwith, and the confirming officer states that opinion in the minute confirming the sentence.

(5) On a review under this section 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;

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

[F7 (c) in any case, 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 a confirming officer by subsections (2) to (4A) of section 110 of this Act;]

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 duly confirmed.

(6) Where a reviewing authority exercises any of the powers conferred by the last foregoing subsection, the determination of the authority shall be promulgated and shall have effect as from the promulgation thereof.

Textual Amendments

F2 Words inserted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 1(1)(d)(i)

F3 Words substituted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 1(1)(d)(ii)

F4 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F5 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 2 para. 2

F6 Words substituted by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 4

F7 S. 113(5)(c) substituted by Armed Forces Act 1981 (c. 55), s. 5(2)

Modifications etc. (not altering text)

C1 S. 113: power to restrict conferred by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 50(4)(b)

Marginal Citations

M1 1968 c. 20.

Valid from 01/04/1997

F8 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

F8 Ss. 113, 113AA substituted for s. 113 (1.4.1997) by 1996 c. 46, s. 16, Sch. 5 para. 4; S.I. 1996/304, art. 2 (with art. 3, Sch. 2)

[F9 113A Power of reviewing authority to authorise retrial. U.K.

—(1) The following provisions of the M2 Courts-Martial (Appeals) Act 1968, that is to say,—

• section 19,

• section 20, and

• Parts III and IV of Schedule 1,

(power of Courts-Martial Appeal Court to authorise retrial and supplementary provisions applicable when the power is exercised) shall apply with any necessary modifications in relation to the review by Her Majesty or the Defence Council under section 113 of this Act of the findings of a court-martial, as they apply 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 subsection by the Defence Council shall be evidence of the making of the order or the giving of the direction, as the case may be, and of its contents.]

Textual Amendments

F9 S. 113A inserted by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 4

Marginal Citations

M2 1968 c. 20.

F10 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F10 S. 114 repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2