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Changes over time for: Section 19
Timeline of Changes
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Version Superseded: 31/10/2009
Status:
Point in time view as at 24/04/2009. This version of this provision has been superseded.
Status
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Changes to legislation:
There are currently no known outstanding effects for the Courts-Martial (Appeals) Act 1968, Section 19.
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19 Power to authorise retrial in certain cases.U.K.
(1)The Appeal Court shall have the power, on quashing a conviction, to make an order authorising the appellant to be retried by [court-martial] [the Court Martial], but shall only exercise this power when . . . it appears to the Court that the interests of justice require that an order under this section should be made.
(2)This section has effect notwithstanding [the restrictions on retrial imposed by section 134 of the Army Act and section 134 of the Air Force Act.] [section 63 of the 2006 Act (service proceedings barring subsequent service proceedings).]
(3)[An appellant shall not be retried under this section for an offence other than] [An order under this section may authorise the appellant to be retried for] —
(a)the offence of which he was convicted by the [original court-martial] [Court Martial] and in respect of which his appeal is allowed as mentioned in subsection (1) above;
(b)any offence of which he could have been convicted [at the original court-martial] [by the Court Martial] on a charge of the first-mentioned offence; or
(c)any offence charged in the alternative in respect of which the [court-martial] [Court Martial] recorded no finding in consequence of convicting him of the first-mentioned offence.
(4)A person who is to be retried under this section for an offence shall, if the Appeal Court so directs, be retried on a fresh charge or charges specified in the direction; [but whether he is so tried or is retried on one or more of the original charges, no fresh investigation or other steps shall be taken under sections 76 to 79 of the Army Act or sections 76 to 79 of the Air Force Act (investigation and summary disposal of charge by commanding officer) in relation to the charge or charges on which he is to be retried.] [if any such direction is made the Director of Service Prosecutions must bring the charge or charges so specified (which are to be regarded for the purposes of Part 5 of the 2006 Act as allocated for Court Martial trial).]
[(5)Section 125 of the 2006 Act (powers of DSP after charge) has effect in relation to a charge on which a person is to be retried under this section (whether or not a fresh charge) subject to such modifications as may be contained in Court Martial rules (within the meaning of that Act).]
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations
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