Search Legislation

Armed Forces Act 1971

Status:

This is the original version (as it was originally enacted).

50Army and air-force courts-martial: amendments as to revision and confirmation of findings

(1)Section 109 of the Army Act 1955 and section 109 of the Air Force Act 1955 shall each be amended by inserting the following subsection after subsection (5) (under which a court-martial directed by a confirming officer to revise a finding of guilty may substitute a different sentence, not being one of greater severity than the original sentence, if the court either adheres to the finding or substitutes therefor a different finding of guilty):—

(5A)The power conferred by subsection (5) above (as limited by the proviso to that subsection) shall also be exercisable by a court-martial notwithstanding that it substitutes a finding of not guilty for the finding, or each of the findings, to which a direction under this section relates if the original findings of the court included one or more findings of guilty to which the direction does not relate.

(2)Section 110 of the Army Act 1955 and section 110 of the Air Force Act 1955 shall each be amended by inserting the following subsection after subsection (2) (under which, where a confirming officer does not propose to confirm a finding of guilty and the court-martial could on the charge in question have validly made some other such finding, the confirming officer may, instead of withholding confirmation of the finding, substitute that other finding for it):—

(2A)Where a court-martial has recorded no finding on one or more charges alternative to a charge on which the court has made a finding of guilty, a confirming officer, if he is of opinion that the court must have been satisfied of the facts necessary to justify a finding of guilty on the alternative charge or, as the case may be, one of the alternative charges, may, instead of withholding confirmation of the finding—

(a)substitute for the finding a finding of guilty on the alternative charge, and

(b)substitute for the sentence of the court such sentence as he thinks proper, being in his opinion one which is not of greater severity than that for which it is substituted.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources