| "Powers of summary appeal court. |
83ZG. - (1) On an appeal against a finding that a charge has been proved, the summary appeal court-
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(a) may confirm or quash the finding, or |
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(b) in a case where the commanding officer or appropriate superior authority could validly have recorded a finding that another charge had been proved, may substitute for the finding a finding that that other charge has been proved. |
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(2) Where the court quashes a finding-
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(a) the court shall quash any punishment which relates only to that finding (or to that and one or more other findings which are also quashed), and |
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(b) the court may vary any punishment which relates both to that and one or more other findings so as to award any punishment which- |
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(i) it would have been within the powers of the commanding officer or appropriate superior authority to award, and
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(ii) in the opinion of the court, is no more severe than the punishment originally awarded.
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(3) Where, on an appeal against a finding that a charge has been proved, the court confirms the finding or substitutes for it a finding that another charge has been proved, the court may vary the punishment awarded by the commanding officer or appropriate superior authority so as to award any punishment which-
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(a) it would have been within the powers of the commanding officer or appropriate superior authority to award, and |
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(b) in the opinion of the court, is no more severe than that originally awarded. |
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(4) On an appeal against the punishment awarded, the court-
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(a) may confirm the punishment awarded by the commanding officer or appropriate superior authority, or |
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(b) may substitute any other punishment which- |
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(i) it would have been within the powers of the commanding officer or appropriate superior authority to award, and
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(ii) in the opinion of the court, is no more severe than that originally awarded.
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(5) Any punishment awarded by the court shall have effect as if awarded on the day on which the original punishment was awarded on dealing with the charge summarily.
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(6) Any finding substituted or sentence awarded by the court shall be treated for all purposes as having been made or awarded by the officer who dealt summarily with the charge."
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