Pennsylvania § 5904 Reconsideration and revision

Pennsylvania Statutes

§ 5904 — Reconsideration and revision

Pennsylvania § 5904

Title 51MILITARY AFFAIRS

PartPART IV

Ch. 59POSTTRIAL PROCEDURE AND REVIEW

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Bluebook

51 Pa. Cons. Stat. § 5904 (2026).

Text

(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

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(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.