20U.K.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).”
Commencement Information
I1Sch. 8 para. 20 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2Sch. 8 para. 20 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4