Defence Act 1954

178G

F163 [ Powers of summary court-martial.

178G. (1) At a rehearing of the charge concerned under section 178F, the summary court-martial may confirm or quash the determination concerned.

(2) Where the summary court-martial quashes a determination, or where there is more than one determination, every determination, made in respect of the appellant, the summary court-martial shall quash the punishment which relates to that determination or, as the case may be, those determinations.

(3) At a rehearing as regards punishment under section 178F, the summary court-martial may

( a ) confirm the punishment awarded,

( b ) quash that punishment, or

( c ) substitute any other punishment which it would have been within the powers of the authorised officer or commanding officer, as the case may be, who heard the charge against the appellant summarily, to award.

(4) Where the summary court-martial substitutes a punishment under subsection (3)( c ) of this section, the substituted punishment shall take effect on and from the date on which the original punishment was awarded or such other date as the military judge may order.

(5) Where an appeal is made to the summary court-martial under section 178E, the military judge

( a ) shall, if requested by the appellant or the respondent, unless the military judge considers the request frivolous, and

( b ) may, without request,

refer any question of law arising in that appeal to the Courts-Martial Appeal Court for determination in accordance with the Courts-Martial Appeals Act 1983. ]

Annotations:

Amendments:

F163

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 26, S.I. No. 254 of 2008, subject to transitional provisions in s. 3 and sch. 1, para. 4(1) .