Cap. 220 ст. 114Review of findings and sentences of courts-martial.

(1) A finding or sentence which has been confirmed may at any time be reviewed by a reviewing authority, and if after confirmation of a finding or sentence a petition is duly presented under article 109 against the finding or sentence then, subject to the provisions of this article, the finding or sentence shall be so reviewed as soon as may be after the presentation of the petition and after consideration of the matters alleged therein.

(2) The reviewing authorities for the purposes of this Act are the following:

(a) the President of Malta;

(b) a judge designated for the purpose by the President of Malta.

(3) If an appeal is lodged to the Court of Criminal Appeal, so much of sub-article (1) as requires the review of a finding or sentence against which the appeal has been made shall thereupon cease to apply to the finding to which the appeal relates and the sentence passed in consequence of that finding.

(4) On a review under this article 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;

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

(c) in any case exercise the like powers of substituting findings, substituting valid for invalid sentences, and remitting or commuting punishment as are conferred on a confirming officer by article 111(2) to (4), 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 duly confirmed.

(5) Where a reviewing authority exercises any of the powers conferred by the last foregoing sub-article, the determination of the authority shall be promulgated and shall have effect as from the promulgation thereof.

(6) The provisions of article 508 of the Criminal Code shall apply in relation to a review by a reviewing authority under this article as they apply in relation to an appeal to the Court of Criminal Appeal, with such modifications and adaptations as are referred to in article 116.