← belizelaw.ai · Defence, Cap. 135 · PART IV — Discipline, Trial and Punishment of the Officers and Soldiers
Review of summary findings and awards
Cap. 135, s. 94 · Revised Edition 2020
(1) Where a charge has been dealt with summarily, the authority mentioned in sub-section (2) may at any time review the finding or award,
provided that any sentence of imprisonment, dismissal with disgrace, detention or reduction in rank shall be reviewed in accordance with sub-section (2) (a).
(2) The said authority is–
(a) the Security Services Commission; or
(b) the Commander, Belize Defence Force.
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(3) Where on a review under this section it appears to the authority expedient to do so by reason of any mistake of law in the proceedings on the summary dealing with the charge or of anything occurring in those proceedings which in the opinion of the authority involved substantial injustice to the accused, the authority may quash the finding.
(4) If a finding in any proceedings is quashed under sub- section (3), and the award made in those proceedings relates only to the finding quashed, the authority shall also quash the award; and if the award relates also to any other finding and it appears to the authority that the award was not warranted by this Act in respect of other finding, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, being a punishment or punishments which could have been included in the original award in relation to that other finding, and not being in the opinion of the authority more severe than the punishment or the punishments included in the original award.
(5) Where on a review under this section it appears to the authority that a punishment awarded was invalid, or too severe,
or (where the award included two or more punishments) that those punishments or some of them could not validly have been awarded in combination or are, taken together, too severe, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, being a punishment or punishments which could have been included in the original award and not being in the opinion of the authority more severe than the punishment or punishments included in the original award.
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Amended by: 33 of 2020
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