Power of confirming authority

(1) Subject to the provisions of section 91, and to the following provisions of this section, the confirming authority shall deal with the finding or sentence of a court either by confirming the finding or sentence or by withholding confirmation, if of the opinion that the finding of the court is unreasonable or cannot be supported having regard to the evidence or involves a wrong decision on a question of law or that, on any ground, there was a miscarriage of justice. (2) In lieu of withholding confirmation of the finding of a court martial, a confirming authority may, if, (a) some other finding of guilty could have been validly made by the court on the charge before it; and (b) he is of the opinion that the court must have been satisfied of the facts necessary to justify that other finding, substitute that other finding, and, if he does so, he shall consider in what manner, if at all, the powers conferred by sub-section (4), shall be exercised. (3) Where it appears to a confirming authority that a sentence of a court martial is invalid, he may, in lieu of withholding confirmation of the sentence, substitute therefor a sentence of any punishment or punishments which could have been awarded by the court, not being greater than the punishment or the greatest of the punishments awarded by the court, and not in his opinion more severe than that punishment or those punishments. (4) In confirming the sentence of a court martial, the confirming authority, may– (a) remit in whole or in part any punishment awarded by the court; or 61 (b) commute any such punishment for one or more punishment or punishments provided by this Act, being less than the punishment commuted. (5) A finding or sentence substituted by the confirming authority, or any sentence having effect after the confirming authority has remitted or commuted punishment, shall be treated for all purposes as a finding or sentence of the court duly confirmed. (6) The confirmation of a finding or sentence shall not be deemed to be completed until the finding has been promulgated; and in the event of any such substitution, remission or commutation as aforesaid the finding or sentence shall be promulgated as it has effect after the substitution, remission or commutation. (7) Where the confirming authority determines to withhold confirmation, the determination shall be promulgated and shall have effect as from the promulgation thereof.