Armed Forces Act 2006

Armed Forces Act 2006

2006 CHAPTER 52

Commentary

First Group of Parts – Discipline

Part 6 – Summary Hearing and Appeals and Review

Chapter 3 – Review of Summary Findings and Punishments

Section 152: Review of summary findings and punishments

313. This section provides that a finding or a punishment awarded at a summary hearing can be reviewed at any time. The review can be carried out by the Defence Council or by any officer appointed by it to perform those functions.

314. In cases where the person to whom the finding or punishment has been awarded has not lodged an appeal to the SAC within the time limits set out in section 141(2), the reviewing authority can (with the SAC’s permission) refer a finding or punishment to the court for consideration by it as on appeal. Where the person to whom the finding or punishment has been awarded has appealed to the SAC and the hearing has not been completed, the reviewing authority may notify the court of any matter arising from the summary hearing which he considers should be brought to the notice of the court.

315. Where the person to whom the finding or punishment has been awarded has appealed to the SAC and the court hearing has been completed, the reviewing authority may with the court’s permission refer the finding or punishment to the court to be considered by it as on appeal. This may happen if the reviewing authority considers that the court should be aware of a matter arising from the summary hearing. It may happen even if the court substituted a different finding or punishment when the appeal was heard.

316. Where the reviewing authority refers a matter to the SAC for consideration the matter will be treated as if it is an appeal brought by the person to whom the finding or punishment relates. This means that the person and not the reviewing authority will be the appellant.