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Courts-Martial Appeals Act, 1983

Jurisdiction of the Court.

18.—(1) The Court shall have jurisdiction to affirm or to reverse the conviction in whole or in part, and to remit, or to reduce, or to increase or otherwise vary the sentence, and generally to make such order, including any order as to costs, as may be necessary for the purpose of doing justice in the case before the Court.

(2) The Court may, notwithstanding that it is of opinion that a point raised in an appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred.

(3) Where the Court reverses a conviction in whole, the Court shall have jurisdiction to make an order authorising the person in respect of whom the conviction was obtained to be re-tried for the same offence as that which was the subject of the conviction and shall order that the costs of the appeal and of the new trial of the accused person shall be paid by the State, unless the Court shall be of opinion that the necessity for the appeal and the new trial has been caused or contributed to by the defence.

(4) Whenever an order for a re-trial is made under this section, the person in respect of whose conviction the order was made may, notwithstanding anything in the Act of 1954 or any rule of law, be again charged and tried and, if found guilty, sentenced for the offence which was the subject of the conviction.