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The Standing Civilian Courts Order 1997
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Re-trial following adjournment
87.—(1) Where the court administration officer directs a re-trial by virtue of paragraph 8 of Schedule 3 to the 1976 Act, he shall after consulting with the magistrate, or the Judge Advocate General (or his deputy), send notice of the date, time and place of the re-trial to—
(a)the accused; and
(b)the prosecutor.
(2) A person who sat in the court of trial, whether as magistrate, member of the court or assessor, shall not sit in the court of re-trial.
(3) Subject to paragraph (4) below, where the court of trial has recorded a finding of guilty but has not announced sentence, the court of re-trial shall proceed to sentence in accordance with the provisions of this Order as if it had recorded that finding of guilty.
(4) The court of re-trial may inform itself of the facts relating to the charge in respect of which the finding of guilty was made, by—
(a)reading the note of proceedings of the court of trial, or
(b)calling on the prosecutor to address the court on the facts.
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