Air Force Act 1955 (repealed)

110 Powers of confirming officers. U.K.

(1) Subject to the provisions of the last foregoing section and to the following provisions of this section, a confirming officer shall deal with the finding or sentence of a court-martial either by withholding confirmation, if of opinion that the finding of the court [F1 is under all the circumstances of the case unsafe or unsatisfactory] or involves a wrong decision on a question of law or that, [F1 there was a material irregularity in the course of the trial], or by confirming the finding or sentence or referring the finding or sentence, or both, for confirmation to a higher confirming officer:

[F2 Provided that the confirming officer may, notwithstanding that he is of opinion that he would apart from this proviso withhold confirmation of the finding, confirm the finding if he considers that no miscarriage of justice has actually occurred.]

(2) In lieu of withholding confirmation of the finding of a court-martial, a confirming officer may, if—

(a) some other finding of guilty could have been validly made by the court-martial on the charge before it, and

(b) he is of opinion that the court-martial must have been satisfied of the facts necessary to justify that other finding,

substitute that other finding, and if he does so he shall consider in what manner, if at all, the powers conferred by subsection (4) of this section shall be exercised [F3 or a confirming officer may, if he is of opinion that the case is not one where there should have been a finding of not guilty, but that there should have been a finding that the accused was unfit to stand his trial, substitute a finding that the accused was unfit to stand his trial]

[F4 (2A) Where a court-martial has recorded no finding on one or more charges alternative to a charge on which the court has made a finding of guilty, a confirming officer, if he is of opinion that the court must have been satisfied of the facts necessary to justify a finding of guilty on the alternative charge or, as the case may be, one of the alternative charges, may, instead of withholding confirmation of the finding—

(a) substitute for the finding a finding of guilty on the alternative charge, and

(b) substitute for the sentence of the court such sentence as he thinks proper, being in his opinion one which is not of greater severity than that for which it is substituted.]

(3) Where it appears to a confirming officer that a sentence of a court-martial is invalid, he may in lieu of withholding confirmation of the sentence substitute therefor a sentence of any punishment or punishments which could have been awarded by the court, not being greater than the punishment or greatest of the punishments awarded by the court and not in his opinion more severe than that punishment or those punishments.

(4) In confirming the sentence of a court-martial, a confirming officer may—

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

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

[F5 (4A) Where it appears to a confirming officer that a court-martial, in sentencing the accused for an offence, exceeded or erroneously exercised its powers under section 105 of this Act to take other offences into consideration, he shall, whether or not he substitutes a different sentence or remits or commutes punishment, annul the taking into consideration of the other offence or offences in question and any orders dependent thereon; and where he does so, the offence or offences shall be treated for all purposes as not having been taken into consideration.]

(5) In confirming any sentence, a confirming officer may postpone the carrying out of the sentence for such time as seems expedient, and a confirming officer may extend or terminate any postponement ordered under this subsection.

(6) A finding or sentence substituted by the confirming officer, or any sentence having effect after the confirming officer has remitted or commuted punishment, shall be treated for all purposes as a finding or sentence of the court duly confirmed.

(7) The confirmation of a finding or sentence shall not be deemed to be completed until the finding or sentence has been promulgated; and in the event of any such substitution, remission or commutation as aforesaid the finding or sentence shall be promulgated as it has effect after the substitution, remission or commutation.

(8) Where the confirming officer determines to withhold confirmation, the determination shall be promulgated and shall have effect as from the promulgation thereof.

Textual Amendments

F1 Words substituted by Criminal Appeal Act 1966 (c. 31), s. 9(2), Sch. 1 Pt. II (continued by Supreme Court Act 1981 (c. 54), Sch. 5)

F2 Proviso added by Criminal Appeal Act 1966 (c. 31), s. 9(2), Sch. 1 Pt. II (continued by Supreme Court Act 1981 (c. 54), Sch. 5)

F3 Words added by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c), Sch. 2 Pt. I

F4 S. 110(2A) inserted by Armed Forces Act 1971 (c. 33), s. 50(2)

F5 S. 110(4A) inserted by Armed Forces Act 1981 (c. 55), s. 5(1)

Modifications etc. (not altering text)

C1 S. 110: power to restrict conferred by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 50(4)(b)

C2 S 110 (2)-(4) extended by Armed Forces Act 1976 (c. 52), Sch. 3 paras. 1(2), 20(2)(c)