Defence Act, 1954

Revision by courts-martial of findings and sentences.

218.—(1) An authority having power to confirm the finding and sentence of a court-martial may, once but once only, send back such finding and sentence or either of them for revision.

(2) Where an authority having power to confirm the finding and sentence of a court-martial sends back such finding and sentence or either of them for revision under this section, the following provisions shall have effect, that is to say:—

(a) the court-martial shall not on such revision receive any additional evidence;

(b) where the finding only is sent back for revision the court-martial may also revise the sentence;

(c) in no case shall the said authority recommend the increase of the sentence, nor shall the court-martial have power to increase the sentence originally awarded.