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§ 5904. Reconsideration and revision

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 51 Pa.C.S.A. Military AffairsEffective: October 24, 2013

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 51 Pa.C.S.A. Military Affairs (Refs & Annos)
Part IV. Military Justice (Refs & Annos)
Chapter 59. Posttrial Procedure and Review of Courts-Martial (Refs & Annos)
Effective: October 24, 2013
51 Pa.C.S.A. § 5904
§ 5904. Reconsideration and revision
Currentness
(a) General rule.--The convening authority or other authorized party may order a proceeding in revision. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.
(b) Revision not authorized.--In no case may a proceeding in revision:
(1) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;
(2) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge which sufficiently alleges a violation of a punitive section of this title; or
(3) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.

Credits

2012, Oct. 24, P.L. 1506, No. 192, § 2, effective in one year [Oct. 24, 2013].
51 Pa.C.S.A. § 5904, PA ST 51 Pa.C.S.A. § 5904
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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