Section 124
Revision of findings of courts-martial
A confirming officer may direct that a court-martial shall revise any finding of guilty come to by the court in any case where it appears to him—
(a)
that the finding was against the weight of the evidence; or
(b)
that some question of law determined at the trial and relevant to the finding was wrongly determined.
(2)
Any such direction shall be accompanied by the necessary direction for the re-assembly of the court-martial, and shall contain a statement of the reasons for the direction.
(3)
On any revision of a finding the court-martial shall reconsider the finding, and (unless the court adheres thereto) may substitute therefor either a finding of not guilty or any other finding to which the court-martial could originally have come at the trial in lieu of the finding under revision.
(4)
On any such revision the court-martial shall not have power to receive further evidence.
(5)
Where on any such revision the court-martial either adheres to the original finding or substitutes therefor a finding of guilty of another offence, or of the same offence in different circumstances, the court-martial may substitute a different sentence for the original sentence:
112 Laws of Malaysia ACT 77
Provided that the court-martial shall not have power to substitute a sentence of a punishment greater than the punishment or greatest of the punishments awarded by the original sentence, or to substitute a sentence which, in the opinion of the court-martial, is more severe than the original sentence.
(6)
The confirming officer shall not have power to direct the revision of any substituted finding come to by the court-martial on a previous direction of the confirming officer, or the revision of the original finding if adhered to by the court-martial on a previous direction; but save as aforesaid this Act shall apply to the proceedings of the court-martial on any such revision as it applies to their deliberation on the original finding or sentence, and any substituted finding or sentence shall be treated for all purposes as an original finding or sentence of the court-martial:
Provided that the decision of the court-martial on the revision shall not be required to be announced in open court.