Re-trial where court ceases to be properly constitutedU.K.
8(1)Without prejudice to the generality of paragraph 7 above, the directing officer may in the prescribed manner direct a re-trial if after the commencement of a trial before a magistrate sitting alone the magistrate dies or is otherwise unable to attend.
(2)Where the court for a trial to which section 6(13) above applies has two members in addition to the magistrate, the directing officer may in the prescribed manner direct a re-trial—
(a)if after the commencement of the trial the magistrate dies or is otherwise unable to attend, or
(b)if after its commencement both the other members of the court die or are otherwise unable to attend.
(3)Where the court for a trial to which section 6(13) above applies has one member in addition to the magistrate, the directing officer may in the prescribed manner direct a re-trial if after the commencement of the trial either of them dies or is otherwise unable to attend.
(4)An assessor’s death or inability to attend after the commencement of a trial shall not preclude the trial continuing.