Section 128
Review of findings and sentences of courts-martial
A finding or sentence which has been confirmed may at any time be reviewed by a reviewing authority, and if after confirmation of
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a finding or sentence a petition is duly presented under section 123, the findings or sentence shall be so reviewed as soon as may be after the presentation of the petition and after consideration of the matters alleged therein.
(2)
The reviewing authorities for the purposes of this Act are—
(a)
the Yang di-Pertuan Agong;
(b)
the Armed Forces Council, or (so far as the delegation extends) any officer to whom the powers of the Armed
Forces Council as reviewing authority, or any of those powers, may be delegated by regulations made under this
Part;
(c)
any officer superior in command to the confirming officer.
(3)
Notwithstanding anything in subsection (1), a sentence of death passed on a person on active service and the finding of guilty in consequence of which it was passed shall not be required to be reviewed if, in the opinion of the confirming officer, it is essential, in the interests of discipline and for the purpose of securing the safety of the force with which the person sentenced is present, that the sentence should be carried out forthwith, and the confirming officer states that opinion in the minute confirming the sentence.
(4)
On a review under this section the reviewing authority may—
(a)
in so far as the review is of a finding, quash the finding, and, if the sentence relates only to the finding quashed, the sentence;
(b)
in so far as the review is of the sentence, quash the sentence;
(c)
in any case, exercise the like powers of substituting findings, substituting valid for invalid sentences and remitting or commuting punishment as are conferred on a
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confirming officer by subsections (2) to (4) inclusive of section 125, and any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment, shall be treated for all purposes as a finding or sentence of the court-martial duly confirmed.
(5)
Where a reviewing authority exercises any of the powers conferred by the last foregoing subsection, the determination of the reviewing authority shall be promulgated and shall have effect from the promulgation thereof.