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Armed Forces Act 1976

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This is the original version (as it was originally enacted).

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19At any time after a Standing Civilian Court has sentenced a person, but not later than the end of the prescribed period, 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

(c)in any case, subject to sub-paragraph (3) below, exercise the like powers of substituting findings, substituting sentences and remitting or commuting punishments as are conferred on a confirming officer in relation to the findings and sentences of courts-martial by subsections (2) to (4) of section 110 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.

(4)Where a person is in custody under a sentence which falls to be reviewed in accordance with this paragraph, the reviewing authority may suspend the sentence.

(5)Where the sentence of a person in custody is suspended under sub-paragraph (4) above, he shall thereupon be released.

(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 Air Force Act 1955 or the Naval Discipline Act 1957 for a fresh offence, the suspension of the earlier sentence may be determined—

(a)by order of any such court on awarding the later sentence,

or

(b)by order of the appropriate authority on the review of that sentence.

(7)In sub-paragraph (6) above, " the appropriate authority" means—

(a)where the later sentence was awarded by a Standing Civilian Court, the reviewing authority, or

(b)where the later sentence was awarded by a court-martial, the authority conducting its review.

(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 directing officer and any superior officer or authority.

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