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Section 147 Powers of the SACI1I2

(1)

At a rehearing of a charge by virtue of section 146(1)(a), the Summary Appeal Court may—

(a)

confirm or quash the finding concerned; or

(b)

substitute for the finding concerned a finding that another charge has been proved.

(2)

Where the court quashes the finding, or (if there is more than one finding) every finding, made in respect of the appellant, it must quash the punishment which relates to that finding or, as the case may be, to those findings.

(3)

At a rehearing as respects punishment by virtue of section 146(1)(b) or (2), the Summary Appeal Court may—

(a)

confirm the punishment awarded; or

(b)

quash that punishment and award in substitution for it any punishment which—

(i)

it would have been within the powers of the officer who conducted the summary hearing to award; and

(ii)

in the opinion of the court, is no more severe than the punishment originally awarded.

(4)

SAC rules may make provision in connection with the exercise of the power under subsection (1)(b) (including provision restricting the exercise of the power).

(5)

In determining—

(a)

whether to substitute a term of detention, or

(b)

the length of any such substituted term,

the court must take account of any period of the original term of detention that the appellant served.

Annotations

Commencement

I1

S. 147 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)

I2

S. 147 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)