Naval Discipline Act 1957 (repealed)

Review of finding and sentenceF18U.K.

[F170 Review of findings and sentences of courts-martial.U.K.

(1)Where a court-martial has found the accused guilty of any offence, the accused may, before the end of the prescribed period after sentence is passed, present a petition to the Defence Council against finding or sentence or both.

(2)The reviewing authority shall, in accordance with subsections (3) and (4) below, review any finding of guilt made, and sentence passed, by a court-martial.

(3)The review shall (if it does not begin sooner) begin as soon as is practicable after—

(a)in a case where a petition has been presented under this section, the presentation of the petition;

(b)in any other case, the end of the period within which a petition under this section may be presented.

(4)Where an application for leave to appeal to the Courts-Martial Appeal Court against a finding or sentence has been made before the review of the finding or sentence has been completed—

(a)the reviewing authority shall complete the review as soon as is practicable; but

(b)if leave to appeal is granted before the review has been completed, the authority shall cease considering the review.

(5)For the purposes of this Act the reviewing authority is—

(a)the Defence Council; or

(b)any officer to whom all or any of the powers of the Defence Council as reviewing authority may be delegated by the Defence Council.

F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section “prescribed” means prescribed by rules under section 58 of this Act.]

[F471 Powers of the reviewing authority.U.K.

(1)On a review under section 70 of this Act the reviewing authority has the following powers.

(2)In so far as the review is of a finding of guilt, the authority may—

(a)quash that finding and, if the sentence relates only to that finding, quash the sentence passed in consequence of that finding;

(b)substitute a finding mentioned in subsection (3) below if that finding could have been validly made by the court-martial and the authority is of the opinion that the court-martial must have been satisfied of facts which would justify the making of that finding;

and, where another finding is so substituted, the authority may pass any such sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) open to the court-martial on making such a finding as appears proper.

(3)The findings referred to in subsection (2) above are—

(a)any finding of guilt which could have been validly made by the court-martial on the charge before it;

(b)if the court-martial recorded no finding on a charge alternative to a charge on which the court made the finding being reviewed, a finding of guilt on that alternative charge.

(4)In so far as the review is of a sentence, the authority may quash the sentence or substitute a sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) which was open to the court-martial.

(5)In reviewing a sentence, the authority may—

(a)revoke an order made by the court under section 89A(1) of this Act;

(b)remit in whole or part any punishment awarded by the court;

(c)commute any such punishment for one or more punishments provided by this Act, being less than the punishment commuted.

(6)Where it appears to the reviewing authority that the court-martial, in sentencing the accused, exceeded or erroneously exercised its powers to take other offences into consideration, the authority shall (whether or not substituting a different sentence or remitting or commuting punishment) annul the taking into consideration of the other offence or offences in question and any orders dependent thereon; and where the authority does so the offence or offences shall be treated for all purposes as not having been taken into consideration.

(7)Any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment—

(a)shall be treated for all purposes as having been made or passed by the court;

(b)shall be promulgated and shall have effect as from the date of promulgation.]

[F571A Power to authorise retrial.U.K.

(1)The following provisions of the M1Courts-Martial (Appeals) Act 1968, that is to say,—

section 19,

section 20, and

Parts I and IV of Schedule 1,

power of Courts-Martial Appeal Court to authorise retrial and supplementary provisions applicable when the power is exercised) shall apply with any necessary modifications in relation to the review by the [F6reviewing authority] under section 70 of this Act of the findings of a courts-martial as they apply in relation to an appeal to the Courts-Martial Appeal Court.

(2)Any document purporting to be an order or direction made or given by virtue of the foregoing subsection by the [F6reviewing authority]shall be evidence of the making of the order or the giving of the direction, as the case may be, and of its contents.]

[F1071B Review of summary findings and awards.U.K.

(1)This section applies where on a summary trial the accused has been found guilty of any offence.

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The finding or any [F12punishment] awarded (or both) may be reviewed at any F13. . .time.

(4)A review under this section shall be carried out in accordance with the provisions of Queen’s Regulations.

(5)A review under this section may be carried out by—

(a)the Defence Council;

(b)any naval officer superior in command to the officer who tried the charge summarily;

(c)a flag officer appointed by the Defence Council to carry out the review or any class of review which includes the review.

[F14(5A)Where—

(a)the period of fourteen days referred to in subsection (2) of section 52FK of this Act has expired, and

(b)no appeal has been brought under that section,

the authority carrying out a review under this section may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both) to that court to be considered by it as on an appeal.

F14(5B)Where an appeal has been brought under section 52FK of this Act and it appears to the authority carrying out a review under this section, on consideration of matters appearing to him not to have been brought to the notice of the summary appeal court on the appeal, to be expedient to do so, he may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both), including any finding or punishment substituted or awarded by the summary appeal court, to that court to be co sidered or reconsidered by that court as on an appeal.

F14(5C)A reference to the summary appeal court under subsection (5A) or (5B) of this section shall for the purposes of this Act be treated as an appeal brought by the person to whom the finding or punishment relates against the finding or punishment.

F14(5D)In a case where exceptionally the authority carrying out a review under this section of a finding considers it necessary to do so, the authority may quash that finding and, if the punishment awarded relates only to that finding, quash the punishment awarded in consequence of that finding.

F14(5E)The powers conferred by subsection (5D) of this section are exercisable whether or not the conditions in subsection (5A)(a) and (b) are satisfied.]

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F1672. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

73 Saving for functions of Judge Advocate of Her Majesty’s Fleet.U.K.

Nothing in this Part of this Act shall prejudice the exercise by the Judge Advocate of Her Majesty’s Fleet of his functions of considering and reporting on the proceedings of courts-martial F17. . . , or any other of his functions in relation to such courts.