Air Force Act 1955 (repealed)

Review of summary findings and awardsF6 F7 U.K.

Textual Amendments applied to the whole legislation

F6 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

F7 Act repealed (1.1.2008 for the repeal of s. 180 only) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2007/2913, art. 3 (with art. 4(1)(2))

[F1 115 Review of summary findings and awards U.K.

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

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The finding or any punishment awarded (or both) may be reviewed at any F3 . . . 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.

F4 [(5A) Where—

(a) the period of fourteen days referred to in subsection (2) of section 83ZE of this Act has expired, and

(b) no appeal has been brought under that section,

the authority carrying out a review under this section may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both) to that court to be considered by it as on an appeal.

(5B) Where an appeal has been brought under section 83ZE of this Act and it appears to the authority carrying out a review under this section, on consideration of matters appearing to him not to have been brought to the notice of the summary appeal court on the appeal, to be expedient to do so, he may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both), including any finding or punishment substituted or awarded by the summary appeal court, to that court to be co sidered or reconsidered by that court as on an appeal.

(5C) A reference to the summary appeal court under subsection (5A) or (5B) of this section shall for the purposes of this Act be treated as an appeal brought by the person to whom the finding or punishment relates against the finding or punishment.

(5D) In a case where exceptionally the authority carrying out a review under this section of a finding considers it necessary to do so, the authority may quash that finding and, if the punishment relates only to that finding, quash the punishment awarded in consequence of that finding.

(5E) The powers conferred by subsection (5D) of this section are exercisable whether or not the conditions in subsection (5A)(a) and (b) are satisfied.]]

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 115 substituted (1.4.1997) by 1996 c. 46, s. 16, Sch. 5 para. 7; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F2 S. 115(2) repealed (2.10.2000) by 2000 c. 4, ss. 25, 27, Sch. 3 para. 19(2), Sch. 4; S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)

F3 Word in s. 115(3) repealed (2.10.2000) by 2000 c. 4, ss. 25, 27, Sch. 3 para. 19(3), Sch. 4; S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)

F4 S. 115(5A)-(5E) inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 19(4); S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)

F5 S. 115(6)(7) repealed (2.10.2000) by 2000 c. 4, ss. 25, 27, Sch. 3 para. 19(5), Sch. 4; S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)

Modifications etc. (not altering text)

C1 S. 115(5A)(5B) modified (2.10.2000) by S.I. 2000/2372, Rule 13(7)