Section 151: Powers of confirming authority

(1) Subject to the provisions of section 150 of this Act and to the following provisions of this section, a confirming authority shall deal with the finding or sentence of a court-martial-
(a) by withholding confirmation, if of the opinion that the finding of the court-martial is unreasonable or cannot be supported, having regard to the evidence or to the fact that it involves a wrong decision on a question of law or that on any other grounds there was a miscarriage of justice; or
(b) by confirming the finding or sentence; or
(c) by referring the finding or sentence or both for confirmation to a higher confirming authority.
(2) Where a confirming authority is of opinion that the facts of the case as considered by the court-martial would have justified a finding of guilty by that court-martial on other grounds, the confirming authority may, instead of withholding confirmation of the finding, substitute a finding of guilty on those other grounds and direct whether the punishment should be remitted in whole or in part or be commuted under the provisions of subsection (4) of this section.
(3) Where it appears to a confirming authority that a sentence of a court-martial is invalid, the confirming authority may, instead of withholding confirmation of the sentence, substitute therefor a proper sentence of any punishment which might have been awarded by the court, not exceeding or, in the opinion of the confirming authority, more severe than that awarded by the court-martial.
(4) If the confirming authority confirms the sentence of a court-martial, the confirming authority may-
(a) remit in whole or in part a punishment awarded by the court-martial; or
(b) commute a punishment so awarded for such other and lesser punishment or punishments as may be prescribed by this Act.
(5) A finding or sentence substituted by the confirming authority or a sentence having effect after the confirming authority has remitted or commuted the punishment, shall be treated for all purposes as a finding or sentence of the court-martial duly confirmed.
(6) The confirmation of a finding or sentence shall not be deemed to be completed until the finding or sentence has been promulgated, and in the event of a substitution, remission or commutation as aforesaid, the finding or sentence shall be promulgated as if it has effect after the substitution, remission or commutation.
(7) Where the confirming authority withholds confirmation under this section, notice therefor shall be promulgated, and it shall have effect as from the date of the promulgation.