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Additional powers of confirming authority in relation to sentences passed by courts-martial.
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220.—(1) The following provisions shall apply in relation to any sentence passed by a court-martial—
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(a) if the sentence is informally expressed, the confirming authority may, when confirming it, vary the form of the sentence so that it shall be properly expressed;
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(b) if the punishment awarded by the sentence is invalid or in excess of that authorised by this Act—
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(i) in case the offence in respect of which the punishment was awarded was an offence under section 139, the confirming authority may substitute for the sentence a sentence of dismissal with ignominy from the Defence Forces or any less punishment mentioned in the Scale to subsection (1) of section 209, and confirm the sentence so substituted,
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(ii) in any other case, the confirming authority may substitute for the sentence a sentence of any other punishment which might have been awarded by the court-martial to the offender, and confirm the sentence so substituted.
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(2) The following provisions shall apply in relation to a sentence of death passed by a court-martial—
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(a) in case the offence in respect of which the sentence was passed was treason or murder, the confirming authority may substitute for the sentence a sentence of penal servitude or any less punishment mentioned, if the offender is an officer, in the Scale to subsection (1) of section 209 or, if the offender is a man, in the Scale to subsection (1) of section 210, and confirm the sentence so substituted;
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(b) in any other case, the confirming authority may substitute for the sentence a sentence of any other punishment which might have been awarded by the court-martial to the offender, and confirm the sentence so substituted.
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(3) The following provisions shall apply in relation to a sentence (other than a sentence of death) passed by a court-martial—
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(a) the confirming authority may, when confirming the sentence, mitigate the punishment thereby awarded to a less amount of the same kind of punishment;
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(b) the confirming authority may, when confirming the sentence, remit the punishment thereby awarded in whole or in part;
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(c) if the offence in respect of which the sentence was passed was an offence under section 139, the confirming authority may substitute for the sentence a sentence of any less punishment mentioned in the Scale to subsection (1) of section 209, and confirm the sentence so substituted;
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(d) if the offence in respect of which the sentence was passed was not an offence under section 139, the confirming authority may substitute for the sentence a sentence of any less punishment which might have been awarded by the court-martial to the offender, and confirm the sentence so substituted.
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(4) Where under this section a new sentence is substituted for a sentence passed by a court-martial, the new sentence shall have force and effect as if it had been passed by the court-martial in the first instance and the provisions of this Act shall apply accordingly.
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