SCHEDULES
SCHEDULE 3 Standing Civilian Courts
Review
19
At any time after a Standing Civilian Court has sentenced a person, F1. . ., he may present to the prescribed person a petition against finding or sentence or both in the prescribed form and addressed to a reviewing authority.
20
1
A finding or sentence of a Standing Civilian Court may at any time be reviewed by a reviewing authority; and if a petition against finding or sentence is duly presented under paragraph 19 above, or notice is given of an appeal against a finding or sentence, the finding or sentence shall be reviewed by the reviewing authority as soon as may be after the presentation of the petition or notice and after consideration of the matters alleged in it.
2
On a review the reviewing authority may—
a
in so far as the review is of a finding, quash the finding, and if the sentence relates only to the finding quashed, the sentence; and
b
in so far as the review is of a sentence, quash the sentence; and
F2c
in any case, subject to sub–paragraph (3) below, exercise the like powers of substituting findings, substituting sentences, remitting or commuting punishment or annulling the taking of other offences into consideration (and orders dependent thereon) as are conferred on F3an authority carrying out a review under section 115 of the Army Act 1955;
and any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment, shall be treated for all purposes as a finding or sentence of the court.
3
Neither the power to substitute a different sentence for a sentence imposed by the court nor the power to commute such a sentence shall be exercisable so as to impose a sentence which the court could not have imposed.
F44
A reviewing authority may at any time suspend a sentence of a Standing Civilian Court.
5
Where the sentence of a person in custody is suspended under sub-paragraph (4) above, he shall thereupon be released.
F6 5A
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6
Where, while any sentence is so suspended the person sentenced is sentenced by a Standing Civilian Court or a court-martial under the Army Act 1955, the M1Air Force Act 1955 or the M2Naval Discipline Act 1957 for a fresh offence, F7, the suspension of the earlier sentence may be determined by order of any such court on awarding the later sentence.
F8 7
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8
A sentence which has been suspended shall, unless the suspension has been sooner determined, be remitted by virtue of this sub-paragraph at the expiry of one year from the date on which the suspension took effect.
9
The reviewing authorities for the purposes of this paragraph and paragraph 19 above shall be the F5higher authorityand any superior officer or authority.
F921
1
Where the suspension of a sentence is determined under paragraph 20(6) above by order of a Standing Civilian Court—
a
for the purposes of paragraph 18 above and rules under section 103 of the Army Act 1955 or the Air Force Act 1955 the order is to be treated as a sentence passed on the offender for the offence for which the suspended sentence was passed; and
b
on an appeal against the order, the court-martial may quash the order.
2
Sub-paragraphs (3) to (5) apply where the suspension of a sentence is determined under paragraph 20(6) above by order of a court-martial.
3
For the purposes of the Courts-Martial (Appeals) Act 1968 (c. 20) (“the 1968 Act”)—
a
the order is to be treated as a sentence passed on the offender for the offence for which the sentence was passed;
b
the offender is to be treated as having been convicted by court-martial of that offence;
c
any appeal, or application for leave to appeal, against the sentence passed in respect of the fresh offence is to be treated as also being an appeal or application for leave to appeal against the order; and
d
any appeal, or application for leave to appeal, against the order is to be treated as also being an appeal or application for leave to appeal against the sentence passed in respect of the fresh offence.
4
In relation to any appeal against the order, section 16A of the 1968 Act (powers on appeals against sentence) is to be read as conferring power to quash the order.
5
Where the Appeal Court quashes the order, in relation to any appeal against the sentence passed in respect of the fresh offence—
a
section 16A of the 1968 Act has effect as if the words “and which is not of greater severity than that for which it is substituted” were omitted; but
b
the Appeal Court may not exercise its powers under that section in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the court-martial.
6
Where a court-martial passing sentence on a person has power to determine the suspension of a sentence under paragraph 20(6) above but does not do so—
a
on an appeal against the sentence passed by the court-martial, the power of the Appeal Court under section 16A of the 1968 Act to pass a sentence in substitution for the sentence of the court-martial includes power to make an order under paragraph 20(6) above in respect of the suspended sentence; but
b
the court may not exercise that power in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the court-martial.
7
In this paragraph—
a
“the fresh offence” means the offence mentioned in paragraph 20(6) above; and
b
“the Appeal Court” means the Courts-Martial Appeal Court.