Air Force Act 1955 (repealed)

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

(1) A finding or sentence which has been confirmed [F1 or a sentence under subsection (2) of section 57 of this Act] may at any time be reviewed by a reviewing authority, and if [F2 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) [F3 the Defence Council], or (so far as the delegation extends) any officer to whom the powers of [F3 the Defence Council] as reviewing authority, or any of those powers, may be delegated by, or by regulations of, [F3 the Defence Council],

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

(3) If an application for leave to appeal [F4 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 [F5 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 [F4 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;

[F6 (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

F1 Words inserted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 1(1)(d)(i)

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

F3 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F4 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 2 para. 2

F5 Words substituted by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 4

F6 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.