132Power of Summary Appeal Court in respect of finding of guilty

1. The Summary Appeal Court must, on an appeal against a finding that a person is guilty of an offence,—

2. allow the appeal if it considers that—
   1. the finding of the disciplinary officer should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence; or
   2. the finding of the disciplinary officer involves a wrong decision on a question of law; or
   3. there was, on any ground, a miscarriage of justice; or
   4. the summary trial was a nullity; and
3. dismiss the appeal in any other case.

4. However, the Summary Appeal Court may dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred even though it considers that the point raised in the appeal might be decided in favour of the appellant.

5. If the Summary Appeal Court allows an appeal under subsection (1), the court—

6. must quash the finding of guilty; and
7. may do any of the following:
   1. direct a finding of not guilty of having committed the offence to be entered; or
   2. direct a new trial to be held by the disciplinary officer or by the Court Martial; or
   3. make any other order that justice requires.

8. In making an order under subsection (3)(b)(ii), the Summary Appeal Court must—

9. advise the disciplinary officer or the Court Martial (as the case may be) of its reasons for so doing; and
10. give to the disciplinary officer or the Court Martial (as the case may be) any directions that it thinks fit.

11. In conducting a new trial of the charge, the disciplinary officer or the Court Martial (as the case may be) must have regard to the Summary Appeal Court’s reasons for making an order under subsection (3)(b)(ii), and to the court’s directions under subsection (4).