Royal Brunei Armed Forces Act · s 104

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104.
Powers of confirming officers
(1) Subject to the provisions of this section, a confirming officer shall deal with the finding or sentence of a court-martial by —
(a) withholding confirmation, if of opinion that the finding of the court-martial is under all the circumstances of the case unsafe or unsatisfactory or involves a wrong decision on a question of law or that there was a material irregularity in the course of the trial; or
(b) confirming the finding or sentence:
Provided that the confirming officer may, notwithstanding that he is of opinion that he would apart from this proviso withhold confirmation of the finding, confirm the finding if he considers that no miscarriage of justice has actually occurred.
(2) Instead of withholding confirmation of the finding of a court-martial, a confirming officer may, if —
(a) some other finding of guilty could have been validly made by the court-martial on the charge before it; and
(b) he is of opinion that the court-martial 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 subsection (4) should be exercised, or a confirming officer may, if he is of opinion that the case is not one where there should have been a finding of not guilty, but that there should have been a finding that the accused was unfit to stand his trial, substitute a finding that the accused was unfit to stand his trial.
(3) Where it appears to a confirming officer that a sentence of a court-martial is invalid, he may, instead of withholding confirmation of the sentence substitute therefor a sentence of any punishment or punishments which could have been awarded by the court-martial, not being greater than the punishment or greatest of the punishments awarded by the court-martial and not in his opinion more severe than that punishment or those punishments.
(4) In confirming the sentence of a court-martial, a confirming officer may —

Royal Brunei Armed Forces
(a) remit in whole or in part any punishment awarded by the court; or
(b) commute any such punishment for one or more punishment or punishments provided by this Act, being less than the punishment commuted.
(5) In confirming any sentence, a confirming officer may postpone the carrying out of the sentence for such time as seems expedient, and a confirming officer may extend or terminate any postponement ordered under this subsection.
(6) A finding or sentence substituted by the confirming officers, or any sentence having effect after the confirming officer has remitted or commuted punishment, shall be treated for all purpose as a finding or sentence of the court-martial duly confirmed.
(7) The confirmation of a finding or sentence is not deemed to be completed until the finding or sentence has been promulgated; and in the event of any such substitution, remission or commutation as mentioned in subsection (6) the finding or sentence shall be promulgated as it has effect after the substitution, remission or commutation.
(8) Where the confirming officer determines to withhold confirmation, the determination shall be promulgated and shall have effect as from the promulgation thereof.

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s 104Powers of confirming officers

(1)

Subject to the provisions of this section, a confirming officer shall deal with the finding or sentence of a court-martial by —

(a)

withholding confirmation, if of opinion that the finding of the court-martial is under all the circumstances of the case unsafe or unsatisfactory or involves a wrong decision on a question of law or that there was a material irregularity in the course of the trial; or

(b)

confirming the finding or sentence:

Provided that the confirming officer may, notwithstanding that he is of opinion that he would apart from this proviso withhold confirmation of the finding, confirm the finding if he considers that no miscarriage of justice has actually occurred.

(2)

Instead of withholding confirmation of the finding of a court-martial, a confirming officer may, if —

(a)

some other finding of guilty could have been validly made by the court-martial on the charge before it; and

(b)

he is of opinion that the court-martial 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 subsection (4) should be exercised, or a confirming officer may, if he is of opinion that the case is not one where there should have been a finding of not guilty, but that there should have been a finding that the accused was unfit to stand his trial, substitute a finding that the accused was unfit to stand his trial.

(3)

Where it appears to a confirming officer that a sentence of a court-martial is invalid, he may, instead of withholding confirmation of the sentence substitute therefor a sentence of any punishment or punishments which could have been awarded by the court-martial, not being greater than the punishment or greatest of the punishments awarded by the court-martial and not in his opinion more severe than that punishment or those punishments.

(4)

In confirming the sentence of a court-martial, a confirming officer may —

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(a)

remit in whole or in part any punishment awarded by the court; or

(b)

commute any such punishment for one or more punishment or punishments provided by this Act, being less than the punishment commuted.

(5)

In confirming any sentence, a confirming officer may postpone the carrying out of the sentence for such time as seems expedient, and a confirming officer may extend or terminate any postponement ordered under this subsection.

(6)

A finding or sentence substituted by the confirming officers, or any sentence having effect after the confirming officer has remitted or commuted punishment, shall be treated for all purpose as a finding or sentence of the court-martial duly confirmed.

(7)

The confirmation of a finding or sentence is not deemed to be completed until the finding or sentence has been promulgated; and in the event of any such substitution, remission or commutation as mentioned in subsection (6) the finding or sentence shall be promulgated as it has effect after the substitution, remission or commutation.

(8)

Where the confirming officer determines to withhold confirmation, the determination shall be promulgated and shall have effect as from the promulgation thereof.