one in respect of which had he been tried before a civil court, he could on the facts proved have been convicted of another civil offence, the court martial may convict him of an offence in terms of that paragraph involving the commission of that other civil offence. (3) An accused charged before a court martial or civil court with any offence in terms of this Act involving two degrees of punishment may, failing proof of such offence having been committed in circumstances involving the higher degree of punishment, be convicted of the same offence as having been committed in circumstances involving the lower degree of punishment, if s uch are the facts proved. (4) An accused charged before a military court with any offence in terms of this Act may be convicted of having attempted to commit such offence or of having conspired with any other person to aid or procure the commission of or to commit such offence or of having incited any other person to commit such offence, if such are the facts proved. 62 Review of proceedings of courts martial (1) If a court martial finds an accused guilty of any offence, the record of the proceedings of the court shall be transmitted to a confirming authority for review in terms of section sixty -three. (2) Subsection (1) shall not affect the operation of any sentence of a court martial, other than a sentence of death. 63 Powers of confirming authority (1) Subject to this section and section sixty-four, a confirming authority shall, on review of the proceedings of a court martial— (a) confirm the finding and sentence; or (b) if it appears that the proceedings were not in accordance with real and substantial justice, quash the finding and sentence: Provided that a confirming authority may, if— (a) a finding of guilty of some other offence could have been validly made by the court martial on the charge before it; and (b) he is of the opinion that the court martial must have been satisfied of the facts which justify that other finding; substitute that other finding and, if he does so, he shall consider in what manner, if at all, the powers conferred by subsection (3) should be exercised. (2) If it appears to a confirming authority that the sentence of a court martial is invalid he may, instead of quashing it, substitute therefor any sentence which could have been awarded by the court not being more severe than the sentence of the court martial. (3) In confirming the sentence of a court martial, a confirming authority may— (a) remit in whole or in part any punishment awarded by the court; or (b) commute any such punishment for one or more punishments provided by this Act, being less than the punishment commuted. (4) In confirming any sentence a confirming authority may suspend or postpone the carrying out of a se ntence and section seventy-four shall apply, mutatis mutandis, to such suspension or postponement. (5) A finding or sentence substituted by a con firming authority or any sentence having effect after a confirming authority has remitted or commuted the punishment shall be treated for all purposes as a finding or sentence of the court duly confirmed. (6) If a confirming authority determines to quash the finding and sentence of a court martial, the determination shall be promulgated and shall have effect as from the promulgation. (7) Except where a finding and sentence are confirmed, a confirming authority shall not exercise any of the powers conferred by this section without first having— (a) called for and considered the court’s statement of facts found proved and reasons for judgement; and (b) consulted with the judge advocate where one was appointed to the court. 64 Reconsideration of findings of courts martial (1) Instead of dealing with the proceedings of a court martial in terms of section sixty -three, a confirming authority may, on review, direct that the court shall reconsider any finding of guilty arrived at by it if it appears after consultation with the judge advocate, where one was ap pointed to the court— (a) that the finding was against the weight of evidence; or (b) that some question of law determined at the trial and relevant to the finding was wrongly determined. (2) Any direction in terms of subsection (1) shall be accompanied by the necessary instructions for the reassembly of the court and shall contain a statement of the reasons for the direction. (3) On reassembling in terms of this section the court shall reconsider the finding and, unless it adheres thereto, may substitute therefor either a finding of not guilty or any other finding to which the court could originally have come at the trial instead of the finding under reconsideration.