Section 150: Revision of findings of courts-martial
(1) A confirming authority may direct that a court-martial shall revise its finding of guilty in any case where it appears to him that-
(a) the finding was against the weight of evidence; or
(b) some question of law determined at the trial and relevant to the finding was wrongly determined.
(2) A direction shall be accompanied by the necessary directions for the re-assembly of the court-martial, and shall contain a statement of the reasons for the direction.
(3) On the revision of a finding, the court-martial shall-
(a) consider the finding and unless the court-martial adheres thereto, may substitute therefor either a finding of not guilty or any other finding to which the court-martial could originally have reached at the trial in lieu of the finding under revision;
(b) not have power to receive further evidence.
(4) Where on a revision, the court either adheres to the original findings or substitutes therefor a finding of guilty of another offence, or of the same offence in different circumstances, the court-martial may substitute a different sentence for the original sentence.
(5) The court-martial shall not have power to substitute a sentence of a punishment greater than the punishment or the greatest of the punishments awarded by the original sentence, or to substitute a sentence which in the opinion of the court-martial is more severe than the original sentence.
(6) The confirming authority shall not have power to direct the revision of a substituted finding reached by the court-martial on a previous direction of a confirming authority, or the revision of the original finding if adhered to by the court-martial on the previous direction.
(7) Except as provided in subsection (6) of this section, this Act shall apply to the proceedings of the court-martial on any such revision as it applies to its deliberation on the original finding or sentence, and any substituted finding or sentence shall be treated for all purposes as an original finding or sentence of the court-martial.
(8) The decision of a court-martial on a revision shall not be required to be announced in open court.
Cite this section
Section 150, ARMED FORCES ACT (1994).
https://repo.podus.ai/laws/armed-forces-act/section/150/