Naval Discipline Act 1957

72 Power to remit or alter sentences

(1) On the review of a sentence under section seventy of this Act the Admiralty may, subject to the provisions of this section.—

(a) annul the sentence ;

(b) remit the sentence in whole or in part;

(c) commute the sentence for a sentence of a punishment provided by this Act less than the punishment or the greatest of the punishments imposed by the sentence commuted;

(d) if the sentence is for any reason invalid, substitute such sentence as they think proper, being a sentence which could lawfully have been awarded in respect of the relevant finding or findings, not being a sentence of greater severity.

(2) In relation to a sentence passed upon summary trial, the powers of the Admiralty under the last foregoing subsection may be exercised, to such extent and subject to such limitations as may be prescribed by regulations made by the Admiralty, by an officer not below the rank of commodore authorised in that behalf by the Admiralty.

(3) Any sentence having effect after remission or commutation under this section, or substituted under this section, shall be treated for all purposes as the sentence of the court or officer before whom the trial took place.

(4) Nothing in this section shall enable the Admiralty to annul, remit or commute a sentence of death passed on a person found guilty under this Act of treason or murder.