Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:4_155
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 4 cl 155
Character Range: 70094–72283

155  Reviewing authority may recommend that convicted person appeal to the Australian Military Court

 (1) This section applies to a review of the proceedings of a summary authority if the reviewing authority (including a commanding officer referred to in subsection 151(1)) considers:
 (a) that, having regard to the evidence, the conviction is unreasonable or cannot be supported; or
 (b) that, as a result of a wrong decision on a question of law, or of mixed law and fact, the conviction was wrong in law and that a substantial miscarriage of justice has occurred; or
 (c) that any action taken by the summary authority under Part IV (whether imposing a punishment or making an order or both) in relation to the convicted person is wrong in law or is excessive or otherwise unreasonable; or
 (d) that there was a material irregularity in the course of the proceedings and that a substantial miscarriage of justice has occurred; or
 (e) that, in all the circumstances of the case, the conviction is unsafe or unsatisfactory.

 (2) The reviewing authority must give a notice in writing to the convicted person:
 (a) recommending that the person consider appealing to the Australian Military Court against the conviction, or any punishment imposed or order made under Part IV, as the case requires; and
 (b) setting out the reasons for the recommendation.

Note: Part IX deals with appeals to the Australian Military Court. If the convicted person is given a notice under this subsection, the convicted person has 14 days, beginning on the day on which the notice is given, to lodge an appeal to the Australian Military Court against the conviction or any punishment imposed or order made under Part IV: see subsection 161(5).

 (3) If the reviewing authority gives a notice to the convicted person under subsection (2), the reviewing authority must give a copy of the notice to the person's commanding officer.

 (4) The convicted person must be given an opportunity to obtain legal advice in relation to an appeal if a legal officer is reasonably available to give such advice.

Division 3—Review of certain punishments and orders that are subject to approval by reviewing authority