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Cap. 220 · Malta Armed Forces Act (Cap. 220)

Cap. 220 ст. 121Review of summary findings and awards.

PART IV

ДействуетОфициальный текст

(1) Where a charge has been dealt with summarily, otherwise than by the dismissal thereof, any officer superior in command to the officer who dealt summarily with the charge may at any time review the finding or award.

(2) When on a review under this article it appears to the reviewing officer expedient so to do 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 reviewing officer involved substantial injustice, the said officer may quash the finding.

(3) If a finding in any proceedings is quashed under the last foregoing sub-article and the award made in those proceedings relates only to the finding quashed the reviewing officer shall also quash the award; and if the award relates also to any other finding and it appears to the said officer that the award was not warranted by this Act in respect of that other finding, he may vary the award by substituting such punishment or punishments as he 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 reviewing officer more severe than the punishment or punishments included in the original award.

(4) Where on a review under this article it appears to the reviewing officer 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, he may vary the award by substituting such punishment or punishments as he 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 reviewing officer more severe than the punishment or punishments included in the original award.

Findings of insanity