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84.—(1) Any petition presented in accordance with paragraph 19 of Schedule 3 to the 1976 Act shall be presented to the reviewing authority to whom it is addressed in the form set out in Schedule 2 to this Order.
(2) Where a reviewing authority completes a review in accordance with paragraph 20 of Schedule 3 to the 1976 Act, it shall—
(a)if a petition has been presented in accordance with paragraph 19 of Schedule 3 to the 1976 Act, or
(b)if it exercises any of its powers under paragraph 20 of Schedule 3 to the 1976 Act,
promulgate its decision in writing to the accused, with reasons.
85. A notice of appeal addressed to the higher authority in accordance with paragraph 18 of Schedule 3 to the 1976 Act shall be lodged with the higher authority in the form set out in Schedule 2 to this Order.
86. The provisions of the 1955 Act concerning courts-martial which are specified in column 1 below shall apply to appeals before courts-martial from Standing Civilian Courts subject to the modifications and exceptions specified in column 2 below—
Column 1 | Column 2 |
---|---|
Provision applied | Modifications and exceptions |
(finding and sentence) | |
section 97 | after subsection (3) there shall be inserted the following subsection— “(4) Any finding or sentence of the court-martial shall replace the finding or sentence of the Standing Civilian Court and shall be announced as such.” |
(power of reviewing authority to authorise retrial) | |
section 113A | shall not apply |
(limitation of time for trial of offences) | |
section 132 | shall not apply |
(persons not to be tried for offences already disposed of) | |
section 134 | shall not operate so as to prevent any appeal being determined |