6.- (1)     Courts may be established for the trial outside the United Kingdom of persons (in this section and section 7 below referred to as "civilians") to whom Part II of the Army Act 1955 or Part II of the Air Force Act 1955 is applied by section 209 of either Act (including persons to whom Part II of either Act applies by virtue of section 131 (persons treated as continuing to be subject to Part II for purposes of trial and punishment of offences)).
 

(2)     Courts established under this section shall be known as Standing Civilian Courts.
 

(3)     The Secretary of State, with the approval of the Lord Chancellor, may by order direct that any area specified in the order¹ shall be an area for which trials may be directed to be held before Standing Civilian Courts for offences committed in that area or elsewhere.
 

(4)     The Lord Chancellor shall appoint such number of the assistants to the Judge Advocate General appointed under section 30 of the Courts-Martial (Appeals) Act 1951 as he considers necessary to sit as magistrates in Standing Civilian Courts.
 

(5)     Subject to subsections (12) and (13) below, a trial held by virtue of this section shall be before such a magistrate.
 

(6)     The Secretary of State may direct such authority as appears to him to be appropriate in relation to an area for which trials may be directed to be held before Standing Civilian Courts to draw up and from time to time add to a panel of persons whom the authority considers suitable to act as assessors in trials before such courts under subsection (12) below.
 

(7)     If the Secretary of State is satisfied, after consultation with the Lord Chancellor, that there are in any area for which trials may be directed to be held before Standing Civilian Courts sufficient persons suitably qualified by training and experience to sit as members of Standing Civilian Courts, he may by order direct that subsection (13) below shall have effect in relation to trials before Standing Civilian Courts for that area.
 

(8)     If an order is made under subsection (7) above, the Secretary of State, with the approval of the Lord Chancellor, shall draw up and from time to time add to a panel of persons qualified as mentioned in that subsection to sit as members of Standing Civilian Courts for the area specified in the order.
 

(9)     Each member of a panel under subsection (6) or (8) above shall be-
 

     (a)   a civilian, or
 

     (b)   an officer of the Royal Navy, the regular forces or the regular air force (as defined respectively in the Army Act 1955 and the Air Force Act 1955).
 

(10)     A person shall cease to be a member of such a panel if he ceases-
 

     (a)   to be a person such as is mentioned in subsection (9) above, or
 

     (b)   to reside in the area for which the panel is drawn up.
 

(11)     The Secretary of State may, if he thinks fit, remove a member of a panel under subsection (6) or (8) above from that panel on the ground of incapacity or misbehaviour, but shall not exercise the power conferred by this subsection in relation to a member of a panel under subsection (8) above without the approval of the Lord Chancellor.
 

(12)     For a trial where the person, or every person to be tried was under 17 years of age at the date of the alleged commission of the offence for which he is to be tried, and in relation to which subsection (13) below does not have effect, not more than two members of the appropriate panel under subsection (6) above may sit with the magistrate as assessors.
 

(13)     If this subsection applies, the court for such a trial shall consist of a magistrate and not more than two members of the appropriate panel under subsection (8) above.
 

(14)     The magistrate for any sitting or succession of sittings of a Standing Civilian Court shall be specified by or on behalf of the Judge Advocate General.
 

(15)     The persons to sit as assessors or members of the court under subsection (12) or (13) above shall be specified for a trial or succession of trials by the court administration officer² notified by the prosecuting authority that the trial or trials are to be held.
 

(16)     Any power to make an order under this section shall be exercisable by statutory instrument³, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 

(17)     Schedule 3 to this Act shall have effect.
 

Notes
 

          ¹   SCC (Areas) Order 1977 (SI 1977/89 as amended by SI 1991/2788).
 

          ²   Court administration officer, see Sch 3, Para 1. See also s.84A AFA 55.
 

          ³   SCC Order 1997 (SI 1997/172) and SCC (Areas) Order 1977 as amended.
 

7.- (1)     The offences for which a civilian may be tried by a Standing Civilian Court are offences committed outside the United Kingdom for which a court-martial may try a civilian, other than-
 
 

     (a)   any offence under section 57 of the Army Act 1955 or the Air Force Act 1955 (offences in relation to courts), and
 

     (b)   any offence under section 70 of either of those Acts constituted by the commission of an offence which, if the person charged were alleged to have
     committed it in England or Wales, a magistrates' court would be unable to try.
 

(2)     No person may be tried by a Standing Civilian Court if he or any person jointly charged with him elects to be tried by court-martial in accordance with the provisions of this Act or of any order made under this Act.
 

(3)     (Repealed).
 

(4)     No person shall be tried for an offence under section 70 of the Army Act 1955 or section 70 of the Air Force Act 1955 in any case where proceedings on indictment for the corresponding civil offence must be brought within a limited time, unless the trial is begun within that time.
 

8.- (1)     Subject to subsection (3) below and to the restrictions imposed by section 71A of the Army Act 1955 and section 71A of the Air Force Act 1955, the punishments which may be awarded by sentence of a Standing Civilian Court are-
 

     (a)   imprisonment for a term not exceeding six months; and
 

     (b)   a fine not exceeding £5000.
 

(2)     Such a court may award consecutive terms of imprisonment, provided that their aggregate does not exceed 12 months.
 

(3)     Where a person is found guilty by a Standing Civilian Court of an offence under section 70 of the Army Act 1955 or of the Air Force Act 1955 (civil offences) the court may not award a term of imprisonment or impose a fine which a magistrates' court in England or Wales could not award or impose for the corresponding civil offence.
 

(4)     Without prejudice to any of the other powers of a court-martial under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 or of a Standing Civilian Court under this section-
 

     (a)   on the trial of a person to whom the Schedule inserted in the Army Act 1955 and the Air Force Act 1955 by Schedule 4 below applies, a court-martial or
     Standing Civilian Court shall have the powers specified in the Schedule so inserted; and
 

     (b)   on the trial of a person to whom that Schedule as inserted in the Naval Discipline Act 1957 by Schedule 4 below applies, a court-martial shall have the powers
     specified in the Schedule as so inserted.
 

9.-     (Omitted).
 

10.-     (Omitted).
 

Court-martial procedure

11.-     The amendments specified in Schedule 5 to this Act shall have effect for the purpose of rendering admissible as evidence at courts-martial under the Army Act 1955 and the Air Force Act 1955 written statements made by the persons mentioned in that Schedule.
 

12.- (1)     (Amending AA 1955 and AFA 1955, s. 93(1)-not printed.)
 



 

(2)     (Inserting into AA 1955 and AFA 1955 a new s 93(1A)-not printed.)
 

(3)     (Navy only-not printed.)
 

Powers of court-martial etc

13.-     The amendments specified in Schedule 6 to this Act shall have effect for the purpose of enabling a court-martial which imposes a fine on a person convicted of an offence under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 to impose, in certain circumstances, a term of imprisonment in default of payment of that fine.
  

14.-     The amendments specified in Schedule 7 to this Act shall have effect for the purpose of enabling orders for restitution or compensation under the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 to be made in relation to offences taken into consideration and of removing the limit on the amount of compensation imposed by section 76 of the said Act of 1957.
 

Naval offences

15.-     (Navy only-not printed.)
 
 

Powers of civil courts

16.-     Schedule 8 to this Act shall have effect for the purpose of enabling financial penalties awarded under the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 to be enforced by certain civilian courts in the United Kingdom.
 

 
 

Rehabilitation

17.-     (Repealed.)
 

18.-     (1) and (2) (Amending AA 1955 and AFA 1955, s. 151(1) and (5)-not printed).
 
 

(3) (Inserting into AA 1955 and AFA 1955 a new s. 151(1A)- not printed.)
 

19.-     Nothing in section 144(2) of the Air Force Act 1955 (penal deductions) shall apply to deductions from pensions; and accordingly, after the word "deduction" in the first place where it occurs in that subsection, there shall be inserted the words "from such pay".
 

20.-     In section 1 of the House of Commons Disqualification Act 1975 and section 1 of the Northern Ireland Assembly Disqualification Act 1975 (each of which disqualifies holders of certain offices and places)-
 

 

     (a)   the words "or the Ulster Defence Regiment" shall be added at the end of subsection (1)(c), and
 

     (b)   the following definition shall be substituted for the definition of "regular armed forces of the Crown" in subsection (3) of the former section and subsection (2)
     of the latter, namely-
 

          ""regular armed forces of the Crown" means the Royal Navy, the regular forces as defined by section 225 of the Army Act 1955, the regular air force as defined
          by section 223 of the Air Force Act 1955, Queen Alexandra's Royal Naval Nursing Service and the Women's Royal Naval Service".
 

21.-     (Navy only-not printed.)
 

22.-     (Short title, construction and commencement-not printed.)
 

SCHEDULE 3                    

1.- (1)     In this Schedule-
 

     "civilian" means a person who may be tried by a Standing Civilian Court;
 

     "the court" means a Standing Civilian Court;
 

     "court administration officer" has the same meaning as in the Army Act 1955¹;
 

     "the court administration officer", in relation to a civilian, means the court administration officer notified by the prosecuting authority that the civilian is to be tried
     by the court and includes his successor or any person for the time being exercising his or his successor's functions;
 

     "the higher authority", in relation to a civilian, means the higher authority who referred his case to the prosecuting authority;
 

     "prescribed" means prescribed by an order under paragraph 12 below; and
 

     "the prosecuting authority"-
 

     (a)   in the case of a civilian to whom Part II of the Army Act 1955 applies, has the same meaning as in that Act;
 

     (b)   in the case of a civilian to whom Part II of the Air Force Act 1955 applies, has the same meaning as in that Act;
 

     "sentence" includes any order made by the court on finding a person guilty.
 

(2)     Any reference in this Schedule to a provision of the Army Act 1955 includes a reference to the corresponding provision of the Air Force Act 1955.
 

Sittings of the Court

2.- (1)     Subject to sub-paragraphs (2) and (3) below, the court shall sit at such places in its area¹ as the court administration officer may, after consultation with the Judge Advocate General or his deputy, direct.
 

(2)     The court may adjourn from one such place to another if it appears to the court expedient in the interests of justice to sit at that other place.
 

(3)     If the court administration officer thinks it expedient in the interests of justice, he may, after consultation with the Judge Advocate General or his deputy, direct the court to sit at such place outside its area and outside the United Kingdom for such purpose and upon such terms, if any, as he thinks fit.
 

          ¹   See the Standing Civilian Courts (Areas) Order.
 

Court to sit in public

3.- (1)     Subject to the provisions of this paragraph, the court shall sit in open court and in the presence of the accused.
 

(2)     The court may exclude members of the public from the trial of a person under 17 years of age or direct that the trial of such a person shall only be reported to such extent as may be specified in the direction.
 

(3)     The court may sit in camera on the ground that it is necessary or expedient in the interests of the administration of justice to do so; and without prejudice to that power the court may order that, subject to any exceptions the court may specify, the public shall be excluded from all or any part of the proceedings of the court if it appears to the court that any evidence to be given or statements to be made in the course of the proceedings or that part, as the case may be, might otherwise lead to the disclosure of any information which would or might be directly or indirectly useful to an enemy.
 

Right to court-martial

4.- (1)     An accused person has a right to elect, before the court commences his trial, that the charges on which he is to be tried shall be tried by court-martial instead of by the court¹.
 

(2)     Before the court commences a trial, it shall inform the accused in the prescribed manner of the right conferred by sub-paragraph (1) above, whether or not he has already been informed of it.
 

(3)     The court shall proceed with the case unless the accused or, if more than one person is jointly charged, any of the accused, exercises the right so conferred.
 

(4)     If the accused, or any of the accused, exercises that right, the court shall adjourn, and shall refer the case to the prosecuting authority.
 

(5)     (Repealed).
 

NOTE
 

          ¹   See the Standing Civilian Courts Order 1997, Art 37 and 16.
 

Assessors

5.-     The function of assessors at a trial shall be to advise the magistrate on matters, other than questions of law, arising at any stage during it.
 

Unfitness to stand trial and insanity

6.- (1)     Where on a trial by the court the question arises (whether at the instance of the defence or otherwise)-
 

     (a)   whether the accused is fit to stand trial, or
 

     (b)   where it appears to the court that the accused did the act or made the omission constituting the offence with which he is charged, whether he was insane ~
     at the time of the act or omission concerned,
 

the court shall adjourn the hearing and refer the case to the prosecuting authority.
 

(2)     For the purposes of this paragraph a person is unfit to stand trial if he is under a disability such that apart from the Criminal Procedure (Insanity) Act 1964 it would constitute a bar to his being tried on indictment in England and Wales.
 

7.-     (Repealed).
 

Re-trial where court ceases to be properly constituted

8.- (1)     The court administration officer may in the prescribed manner direct a re-trial if after the commencement of a trial before a magistrate sitting alone the magistrate dies or is otherwise unable to attend.
 

(2)     Where the court for a trial to which section 6(13) above applies has two members in addition to the magistrate, the court administration officer may in the prescribed manner direct a re-trial-
 

     (a)   if after the commencement of the trial the magistrate dies or is otherwise unable to attend, or
 

     (b)   if after its commencement both the other members of the court die or are otherwise unable to attend.
 

(3)     Where the court for a trial to which section 6(13) above applies has one member in addition to the magistrate, the court administration officer may in the prescribed manner direct a re-trial if after the commencement of the trial either of them dies or is otherwise unable to attend.
 

(4)     An assessor's death or inability to attend after the commencement of a trial shall not preclude the trial continuing.
 

Decisions of the Court etc

9.- (1)     Subject to the provisions of this paragraph, every question to be determined by the court shall be determined-
 

     (a)   by the magistrate, if he is sitting alone or with assessors, and
 

     (b)   where section 6(13) above applies, by a majority of the votes of the members of the court.
 

(2)     For a trial where section 6(13) above applies, the magistrate shall preside over the court and give rulings on any questions of law.
 

(3)     In case of an equality of votes on a finding, the court shall acquit the accused.
 

(4)     In case of an equality of votes on the sentence, or on any other question before the court, except a question of law or the finding, the magistrate shall have a second or casting vote.
 

Privilege of witnesses and others

10.-     A witness before the court or any other person whose duty it is to attend on or before the court shall be entitled to the same immunities and privileges as a witness before a magistrates' court in England or Wales
 

Rules of evidence

11.- (1)     Subject to the provisions of any order made under paragraph 12 below and to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.), the rules as to the admissibility of evidence to be observed in proceedings before Standing Civilian Courts shall be the same as those observed in magistrates' courts in England and Wales, and no person shall be required in proceedings before a Standing Civilian Court to answer any question or to produce any document which he could not be required to answer or produce in similar proceedings before a magistrates' court in England or Wales.
 

(2)     A Standing Civilian Court shall take judicial notice of all matters of notoriety and of all other matters of which judicial notice would be taken in a magistrates' court in England or Wales.
 

Procedure etc of court

12.- (1)     The Secretary of State may by order made by statutory instrument make provision with respect to all or any of the following matters, namely-
 

     (a)   the trial of offences by Standing Civilian Courts;
 

     (aa)   the prosecution of offences which may be tried by Standing Civilian Courts;
 

     (b)   the awarding of sentences by such courts;
 

     (c)   the review of findings and sentences of such courts; and
 

     (d)   appeals from such courts,
 

and to such other matters relating to Standing Civilian Courts as he considers necessary or expedient.
 

(2)     An order under this paragraph shall confer a right on a person charged to elect to be tried by court-martial instead of by a Standing Civilian Court.
 

(3)     Any such order may apply, with or without exceptions or modifications, any provision of the Army Act 1955 or the Air Force Act 1955, and any enactment not contained in either of those Acts but relating to courts-martial.
 

(3A)     An order under this paragraph may, for the purposes of paragraph 2A of Schedule 5A to the Army Act 1955 and paragraph 2A of Schedule 5A to the Air Force Act 1955, specify the conditions to be satisfied, in relation to an offender, before a Standing Civilian Court that has deferred the award of sentence against the offender may award the sentence during the period of deferment.
 

(4)     Without prejudice to the generality of sub-paragraphs (1) and (3) above, an order under this paragraph may make provision with respect to all or any of the following matters namely-
 

     (a)   the procedure to be observed in the bringing of charges before a Standing Civilian Court (including the manner of election for trial by court-martial);
 

     (b)   requiring any person appointed a magistrate under subsection (4) of section 6 above or a member of a panel under subsection (6) or (8) of that section to
     take an oath upon his appointment in a prescribed form and manner;
 

     (ba)  proceedings preliminary to trials by Standing Civilian Courts;
 

     (bb)   the appointment of a magistrate for any preliminary proceedings;
 

     (c)   the exercise of their functions by assessors and their rights in relation to trials at which they sit;
 

     (d)   the sittings of Standing Civilian Courts;
 

     (e)   the procedure to be observed in trials before them;
 

     (f)   the representation of the accused at such trials and any preliminary proceedings;
 

     (g)   procuring the attendance of witnesses;
 

     (h)   empowering the court in such cases and to such extent as may be prescribed to amend a charge which is being tried by the court;
 

     (j)   empowering the court, where the particulars proved or admitted at a trial differ from those alleged in the charge but are sufficient to support a finding of
     guilty  of the like offence as that charged, to make a finding of guilty subject to exceptions or variations specified in the finding if it appears to the court that the 
     difference is not so material as to have prejudiced the accused in his defence;
 

     (k)   determining the cases in which and the extent to which the court, in sentencing any person for an offence, may take into consideration at his request other
     offences against the Army Act 1955 or the Air Force Act 1955 committed by him;
 

     (l)   applying section 99A of the Army Act 1955 (proof at courts-martial by written statement), Article 5 of the Perjury (Northern Ireland) Order 1979 (false written
     statements at courts-martial) and sections 10 and 11 of the Criminal Justice Act 1967 (formal admission and notice of alibi) subject to any exceptions or
     modifications that appear to the Secretary of State to be necessary or proper for the purpose of the operation of those sections in relation to proceedings before
     Standing Civilian Courts;
 

     (m)   (Repealed).
 

     (n)   the transfer of cases to courts-martial;
 

     (o)   the procedure to be observed in bringing appeals from Standing Civilian Courts;
 

     (p)   the forms of orders and other documents to be made for the purposes of any provision of this Schedule or of the order; and
 

     (q)   any matter which by this Schedule is required or authorised to be prescribed.
 

(5)     The Secretary of State shall secure that any power to amend charges conferred by an order under this paragraph shall not be exercisable in circumstances substantially different from those in which charges which are being tried by court-martial may be amended.
 

(6)     The power to make an order conferred by this paragraph includes power to make provision for specified cases or classes of cases, and to make different provision for different classes of cases, and for the purposes of any such order classes of cases may be defined by reference to any circumstances specified in the order.
 

(7)     An order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 

Duration of sentences etc.

13.-     Where any sentence of the court is limited by reference to a period of time, that period shall begin to run from the beginning of the day on which the sentence is passed, except in a case where it is suspended under paragraph 20(4) below.
 

14.-     Where the court passes any such sentence and the period of any previous sentence passed on the same person has not expired, the court may order that the new sentence shall begin to run from the expiry of the period.
 

Supplementary

15.- (1)     Section 57(1) of the Army Act 1955¹ (offences) shall have effect in relation to a Standing Civilian Court as it has effect in relation to a court-martial.
 

(2)     The magistrate sitting in such a court may direct the arrest of any person for an alleged offence under that section.
 

(3)     A person arrested by virtue of sub-paragraph (2) above may be released by the magistrate, if he thinks fit; and no further proceedings shall be taken in the matter in relation to a person so released.
 

NOTE
 

          ¹   See AFA 1955, s.57(1) (offences in relation to courts-martial).
 

16.-     Sections 133 and 134(1) and (2) of the Army Act 1955¹ (safeguards against repeated trial for the same offence) shall have effect, with any necessary modifications, as if any reference to a court-martial included a reference to a Standing Civilian Court.
 

NOTE
 

          ¹   See AFA 1955, ss.133 and 134(1) and (2).
 

17.-     Section 138 of that Act¹ (restitution or compensation for theft, etc.) shall have effect as if-
 

     (a)   the reference to a court-martial in subsection (1) included a reference to a Standing Civilian Court; and
 

     (b)   the following subsection were substituted for subsection (9)-
 

          "(9)   The operation of an order under this section made by a Standing Civilian Court shall be suspended-
 

               (a)   in any case until the end of the period within which notice of appeal may be given; and
 

               (b)   if such notice is given, until the appeal is determined or abandoned."
 

NOTE
 

          ¹   AFA 1955, s.138.
 

17A.-    (Repealed Armed Forces Act 2001).
 

Appeals

18.- (1)     Subject to the provisions of this paragraph and to paragraphs 5(4) and 14(8) of Schedule 5A to the Army Act 1955 and Schedule 5A to the Air Force Act 1955 (no appeal from absolute and conditional discharges, community supervision orders and recognisances entered into by parents or guardians), a person found guilty by the court may appeal to a court-martial-
 

     (a)   if he pleaded guilty, against his sentence;
 

     (b)   if he did not, against his conviction or sentence or both.
 

(2)     A person sentenced by the court for an offence in respect of which an order for conditional discharge or a community supervision order has been previously made under Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957 may appeal to a court-martial against the sentence.
 

(3)     The right of appeal conferred by this paragraph shall not be exercisable unless within 40 days of the date of the court's sentence the accused lodges with the prescribed person a notice in the prescribed form and addressed to the higher authority stating his intention to appeal against his conviction or sentence or both.
 

(4)     When the higher authority receives a notice of appeal lodged under sub-paragraph (3) above, he shall take the steps specified in rules under section 103 of the Army Act 1955¹ with a view to the appeal being heard by a court-martial.
 

(5)     An appeal against conviction on any charge shall take the form of a rehearing of that charge.
 

(6)     An appeal against sentence alone shall not take the form of a rehearing of the charge in respect of which the sentence was imposed.
 

(7)     The term of any sentence passed by a court-martial on such an appeal shall, unless the court otherwise directs, begin to run from the time from which it would have begun to run if it had been passed in the proceedings from which the appeal was brought; and section 118 of the Army Act 1955² (commencement of sentences) shall accordingly not apply to any such sentence.
 

(8)     Subject to sub-paragraph (7) above and sub-paragraph (12) below, a sentence passed on such an appeal shall be treated for the purposes of any enactment as if it had been a sentence passed on a trial by court-martial.
 

(9)     Subject to sub-paragraphs (10) and (11) below, and to any order under paragraph 12 above, the provisions of the Army Act 1955 or the Air Force Act 1955 relating to courts-martial shall apply to appeals under this paragraph.
 

(10)     A person who sat in the Standing Civilian Court on the trial shall not attend the court-martial as a member thereof.
 

(11)     Whether the appeal is against sentence or against conviction, the court-martial may only award a sentence which a Standing Civilian Court could award.
 

(12)     Where a court-martial passes a sentence on an appeal under this paragraph in a case in which the sentence of the Standing Civilian Court was suspended under paragraph 20(4) below, the court-martial may, if it thinks fit, direct that the suspension shall apply to the sentence of the court-martial in the same way as it would have applied to the sentence of the Standing Civilian Court.
 

Notes
 

          ¹   AFA 1955 s.103.
 

          ²   AFA 1955, s.118.
 

Review

19.-     At any time after a Standing Civilian Court has sentenced a person, he may present to the prescribed person a petition against finding or sentence or both in the prescribed form and addressed to a reviewing authority.¹
 

NOTE
 

          ¹   SCC Order 1997, 84.
 

20.-¹ (1)     A finding or sentence of a Standing Civilian Court may at any time be reviewed by a reviewing authority; and if a petition against finding or sentence is duly presented under paragraph 19 above, or notice is given of an appeal against a finding or sentence, the finding or sentence shall be reviewed by the reviewing authority as soon as may be after the presentation of the petition or notice and after consideration of the matters alleged in it.
 

(2)     On a review the reviewing authority may-
 

     (a)   in so far as the review is of a finding, quash the finding, and if the sentence relates only to the finding quashed, the sentence; and
 

     (b)   in so far as the review is of a sentence, quash the sentence; and
 

     (c)   in any case, subject to sub-paragraph (3) below, exercise the like powers of substituting findings, substituting sentences, remitting or commuting punishment
     or annulling the taking of other offences into consideration (and orders dependent thereon) as are conferred on an authority carrying out a review under section
     115 of the Army Act 1955;
 

and any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment, shall be treated for all purposes as a finding or sentence of the court.
 

(3)     Neither the power to substitute a different sentence for a sentence imposed by the court nor the power to commute such a sentence shall be exercisable so as to impose a sentence which the court could not have imposed.
 

(4)     A reviewing authority may at any time suspend a sentence of a Standing Civilian Court.
 

(5)     Where the sentence of a person in custody is suspended under sub-paragraph (4) above, he shall thereupon be released.
 

(5A)     At any time while any sentence is so suspended, the suspension may be determined by the reviewing authority who suspended the sentence.
 

(6)     Where, while any sentence is so suspended the person sentenced is sentenced by a Standing Civilian Court or a court-martial under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 for a fresh offence, then without prejudice to the generality of sub-paragraph (5A) above, the suspension of the earlier sentence may be determined-
 

     (a)   by order of any such court on awarding the later sentence, or
 

     (b)   by order of the appropriate authority on the review of that sentence.
 

(7)     In sub-paragraph (6) above, "the appropriate authority" means-
 

     (a)   where the later sentence was awarded by a Standing Civilian Court, the reviewing authority, or
 

     (b)   where the later sentence was awarded by a court-martial, the authority conducting its review.
 

(8)     A sentence which has been suspended shall, unless the suspension has been sooner determined, be remitted by virtue of this sub-paragraph at the expiry of one year from the date on which the suspension took effect.
 

(9)     The reviewing authorities for the purposes of this paragraph and paragraph 19 above shall be the higher authority and any superior officer or authority.
 

NOTE
 

          ¹  SCC Order 1997, 84.
 

Section 13

SCHEDULE 6                 

SCHEDULE 8                  

SCHEDULE 9