C1 Part II Discipline and Trial and Punishment of Air-Force Offences
F3 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)
F2113AA Powers of the reviewing authority.
1
On a review under section 113 of this Act of a finding or sentence of a court-martial the reviewing authority has the following powers.
2
In so far as the review is of a finding of guilt, the authority may—
a
quash that finding and, if the sentence relates only to that finding, quash the sentence passed in consequence of that finding;
b
substitute a finding mentioned in subsection (3) below if that finding could have been validly made by the court-martial and the authority is of the opinion that the court-martial must have been satisfied of facts which would justify the making of that finding;
and, where another finding is so substituted, the authority may pass any such sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) open to a court-martial on making such a finding as appears proper.
3
The findings referred to in subsection (2) above are—
a
any finding of guilt which could have been validly made by the court-martial on the charge before it;
b
if the court-martial recorded no finding on a charge alternative to a charge on which the court made the finding being reviewed, a finding of guilt on that alternative charge.
4
In so far as the review is of a sentence, the authority may quash the sentence or substitute a sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) which was open to the court-martial.
5
In reviewing a sentence, the authority may—
a
revoke an order made by the court under section 120A(1) of this Act;
b
remit in whole or part any punishment awarded by the court;
c
commute any such punishment for one or more punishments provided by this Act, being less than the punishment commuted.
6
Where it appears to the reviewing authority that the court-martial, in sentencing the accused, exceeded or erroneously exercised its powers to take other offences into consideration, the authority shall (whether or not substituting a different sentence or remitting or commuting punishment) annul the taking into consideration of the other offence or offences in question and any orders dependent thereon; and where the authority does so the offence or offences shall be treated for all purposes as not having been taken into consideration.
7
Any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment—
a
shall be treated for all purposes as having been made or passed by the court;
b
shall be promulgated and shall have effect as from the date of promulgation.
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