Part 6

Summary Hearing and Appeals and Review
Chapter 3

Review of Summary Findings and Punishments

Review of summary findings and punishments
152
1
Where—
a
a charge has been heard summarily, and
b
a finding that the charge has been proved has been recorded,
the finding or the punishment awarded may be reviewed at any time.
2
A review under this section may be carried out by—
a
the Defence Council; or
b
any officer appointed by the Defence Council to carry out the review or any class of review which includes the review.
2A
Subsection (2B) applies where—
a
a review has been carried out under this section in respect of a punishment,
b
the person to whom the review relates has not brought an appeal under section 141 within the period provided by subsection (2) of that section, and
c
the person who carried out the review considers there may be grounds for varying or rescinding the punishment, pursuant to rules made by virtue of section 153(1A).
2B
The person who carried out the review may refer the punishment back to the commanding officer who awarded it to consider whether to exercise the power to vary or rescind the punishment pursuant to those rules.
2C
Where subsection (2B) applies, that does not prevent the person who carried out the review from making a referral under subsection (4)—
a
as an alternative to making a referral under subsection (2B), or
b
after making a referral under subsection (2B), where the commanding officer has declined to exercise the power to vary or rescind the punishment.
3
Subsection (4) applies where—
a
a review has been carried out under this section in respect of a finding or punishment; and
b
the person to whom the review relates has not brought an appeal under section 141 within the period provided by subsection (2) of that section.
4
The person who carried out the review may, with the leave of the Summary Appeal Court, refer the finding or punishment to the court to be considered by it as on an appeal.
5
Subsections (6) and (7) apply where—
a
a review has been carried out under this section in respect of a finding or punishment; and
b
the person to whom the review relates has brought an appeal under section 141.
6
If—
a
the Summary Appeal Court has not completed the hearing of the appeal, and
b
the person who carried out the review considers that any matter arising at or from the summary hearing should be brought to the notice of the court,
he may notify the court of that matter.
7
If—
a
the Summary Appeal Court has completed the hearing of the appeal, and
b
the person who carried out the review considers that any matter arising at or from the summary hearing of which the court was not aware should have been brought to the notice of the court,
he may, with the leave of the court, refer the finding or punishment, including any finding or punishment substituted or awarded by the court, to the court to be considered by it as on an appeal.
8
A reference to the Summary Appeal Court under subsection (4) or (7) shall be treated for the purposes of this Act as an appeal under section 141 brought by the person to whom the finding or punishment relates against the finding or punishment.
S. 152 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 152 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
S. 152(2A)-(2C) inserted (1.5.2022 for specified purposes, 13.11.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 4(5), 24(1); S.I. 2022/471, reg. 2(b); S.I. 2023/1102, reg. 2