Armed Forces Act 2006

20 In section 19 (power to authorise retrial in certain cases)—

(a) in subsection (1) for “court-martial” substitute “the Court Martial”;

(b) in subsection (2) for the words from “the restrictions” to the end substitute “section 63 of the 2006 Act (service proceedings barring subsequent service proceedings).”;

(c) in subsection (3)—

(i) for the words from the beginning to “other than” substitute “An order under this section may authorise the appellant to be retried for”;

(ii) in paragraph (a) for “original court-martial” substitute “Court Martial”;

(iii) in paragraph (b) for “at the original court-martial” substitute “by the Court Martial”;

(iv) in paragraph (c) for “court-martial” substitute “Court Martial”;

(d) in subsection (4) for the words from “but whether” to the end substitute “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).”;

(e) after that subsection add—

“(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).”