Part II Discipline and Trial and Punishment of Air-Force Offences
F1 Review of proceedings of courts-martial
113 Review of findings and sentences of courts-martial. C1
1
A finding or sentence which has been confirmed F2or a sentence under subsection (2) of section 57 of this Act may at any time be reviewed by a reviewing authority, and if F3a 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
c
any officer superior in command to the confirming officer.
3
If an application for leave to appeal F5against 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 F6section 9(4)(b) of the M1Courts-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 F5or, 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;
F7c
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.
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)