Part IIF2APPEALS FROM THE COURT MARTIAL
Retrial
19 Power to authorise retrial in certain cases.
1
The Appeal Court shall have the power, on quashing a conviction, to make an order authorising the appellant to be retried by F3the Court Martial, but shall only exercise this power when F1 . . . 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 F4section 63 of the 2006 Act (service proceedings barring subsequent service proceedings).
C13
F5An order under this section may authorise the appellant to be retried for —
a
the offence of which he was convicted by the F6Court 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 F7by the Court Martial on a charge of the first-mentioned offence; or
c
any offence charged in the alternative in respect of which the F8Court 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; F9if 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).
F105
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).
Pt. 2 heading substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 6; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4