Part II Trial and punishment of offences

Review of finding and sentence

71BF2 Review of summary findings and awards.

1

This section applies where on a summary trial the accused has been found guilty of any offence.

F32

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3

The finding or any F4punishment awarded (or both) may be reviewed at any F5. . .time.

4

A review under this section shall be carried out in accordance with the provisions of Queen’s Regulations.

5

A review under this section may be carried out by—

a

the Defence Council;

b

any naval officer superior in command to the officer who tried the charge summarily;

c

a flag officer appointed by the Defence Council to carry out the review or any class of review which includes the review.

F6C15A

Where—

a

the period of fourteen days referred to in subsection (2) of section 52FK of this Act has expired, and

b

no appeal has been brought under that section,

the authority carrying out a review under this section may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both) to that court to be considered by it as on an appeal.

F6C15B

Where an appeal has been brought under section 52FK of this Act and it appears to the authority carrying out a review under this section, on consideration of matters appearing to him not to have been brought to the notice of the summary appeal court on the appeal, to be expedient to do so, he may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both), including any finding or punishment substituted or awarded by the summary appeal court, to that court to be co sidered or reconsidered by that court as on an appeal.

F65C

A reference to the summary appeal court under subsection (5A) or (5B) of this section shall for the purposes of this Act be treated as an appeal brought by the person to whom the finding or punishment relates against the finding or punishment.

F65D

In a case where exceptionally the authority carrying out a review under this section of a finding considers it necessary to do so, the authority may quash that finding and, if the punishment awarded relates only to that finding, quash the punishment awarded in consequence of that finding.

F65E

The powers conferred by subsection (5D) of this section are exercisable whether or not the conditions in subsection (5A)(a) and (b) are satisfied.

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