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Army Act 1955 (repealed)

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Version Superseded: 01/04/1997

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111 Confirming officers.F2U.K.

(1)Subject to the provisions of this section, the following shall have power to confirm the finding andsentence of any court-martial, that is to say:—

(a)the officer who convened the court-martial or any officer superior in command to that officer;

(b)the successor of any such officer or superior officer, or any person for the time being exercising thefunctions of any such officer or superior officer;

(c)failing any such officer as aforesaid, any officer appointed by [F1the Defence Council] to act as confirming officer, whether for the particular case or for a specified class of cases.

(2)The following shall not have power to confirm the finding or sentence of a court-martial, that is tosay:—

(a)any officer who was a member of the court-martial, or

(b)any person who as commanding officer of the accused investigated the allegations against him or who isfor the time being the commanding officer of the accused, or

(c)any person who as appropriate superior authority investigated the allegations against the accused:

Provided that a person excluded by the foregoing provisions of this subsection may act as confirmingofficer for a field general court-martial, if otherwise having power to do so, where he is of opinion thatit is not practicable, having due regard to the public service, to delay the case for the purpose ofreferring it to another confirming officer.

(3)A warrant or authorisation empowering the convening of a general or district court-martial may reservefor confirmation by superior authority findings or sentences or both in such circumstances as may bespecified by or under the warrant or authorisation, and the powers conferred by subsection (1) of thissection shall be exercisable subject to any such reservation.

(4)Where a person is found guilty by a court-martial held on board any ship and is disembarked before thefinding or sentence has been confirmed it may be confirmed by any officer under, or in the area of, whosecommand he is for the time being, being an officer having power to confirm courts-martial of the likedescription as that held on board the ship.

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F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I

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F2Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

Yn ôl i’r brig

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