137. Power to quash or alter findings.__(1) On review of a finding of a courtmartial, the
1[Federal Government] or the 2[Chief of the Naval Staff] may__
(a) in any case, quash the finding ;
(b) where some other finding of guilty could lawfully have been made by the court before
which the trial took place, and it appears to the 1[Federal Government] or the 2[Chief of
the Naval Staff] that court must have been satisfied of facts necessary to justify that other
finding, substitute that other finding.
(2) Where a finding is quashed under subsection (1), then__
(a) if the sentence passed in respect of that finding relates to that finding only, the sentence
shall be quashed ;
(b) if the sentence relates to that and any other finding or findings, the 1[Federal
Government] or the 2[Chief of the Naval Staff] may substitute such sentence as is
authorised by this Ordinance in respect of the other finding or findings.
(3) Where a finding is substituted under subsection (1) the sentence may be substituted by any
other sentence provided by this Ordinance in respect of the substituted finding.
(4) The punishment awarded by a sentence substituted under sub section (2) or subsection (3)
shall not be higher in the scale of punishments than, or in excess of the punishment awarded by the
sentence for which the new sentence is substituted.
(5) Any finding or sentence substituted under the preceding subsections shall for all purposes be
deemed to be the finding or sentence of the court before which the trial took place.
138. Power to remit or alter sentences.__ On the review of a sentence awarded by a court
martial, the 1[Federal Government] or the 2[Chief of the Naval Staff] may, subject to the provisions
of this section,__
(a) annul the sentence ;
(b) remit the sentence in whole or in part ;
(c) commute the sentence for any other sentence provided by this Ordinance ; or
(d) if the sentence is for any reason invalid, substitute such other sentence as could be
awarded under this Ordinance in respect of the relevant finding or findings.
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
2 Subs. ibid., Art.2 and Sch., for “CommanderinChief”.
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