Part II Trial and punishment of offences

Review of finding and sentence

70F2 Review 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 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 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.

F36

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7

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

In this section “prescribed” means prescribed by rules under section 58 of this Act.