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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Point in time view as at 31/10/2009.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
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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 [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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