C1Part II Discipline and Trial and Punishment of Air-Force Offences
F2 Review of proceedings of courts-martial
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)
113F3Review of findings and sentences of courts-martial.
1
Where a court-martial has found the accused guilty of any offence, the accused may, before the end of the prescribed period after sentence is passed, present a petition to the Defence Council against finding or sentence or both.
2
The reviewing authority shall, in accordance with subsections (3) and (4) below, review any finding of guilt made, and sentence passed, by a court-martial.
3
The review under this section shall (if it does not begin sooner) begin as soon as is practicable after—
a
in a case where a petition has been presented under this section, the presentation of the petition;
b
in any other case, the end of the period within which a petition under this section may be presented.
4
Where an application for leave to appeal to the Courts-Martial Appeal Court against a finding or sentence has been made before the review under this section of the finding or sentence has been completed—
a
the reviewing authority shall complete the review as soon as is practicable; but
b
if leave to appeal is granted before the review has been completed, the authority shall cease considering the review.
5
For the purposes of this Act the reviewing authority is—
a
the Defence Council; or
b
any officer to whom all or any of the powers of the Defence Council as reviewing authority may be delegated by the Defence Council.
6
A sentence of death and the finding of guilty in consequence of which it was passed may not be reviewed by an officer to whom powers are delegated under subsection (5)(b) above.
Pt. II (ss. 24-143) applied (1.6.1996) by Armed Force Act 1991 (c. 62, SIF 7:1), ss. 18(9)(b), 20(10)(b); S.I. 1996/1173, art. 2