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Changes over time for: Section 19
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 31/10/2009.
Changes to legislation:
There are currently no known outstanding effects for the Courts-Martial (Appeals) Act 1968, Section 19.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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 [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 [section 63 of the 2006 Act (service proceedings barring subsequent service proceedings).]
(3)[An order under this section may authorise the appellant to be retried for] —
(a)the offence of which he was convicted by the [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 [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] 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; [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)
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