s 149 Power to authorise re‑trial in certain cases
149.—(1) The Military Court of Appeal has power, on quashing a conviction or reversing an order of acquittal, to make an order authorising the appellant to be re‑tried by a subordinate military court. (2) The Military Court of Appeal may only exercise the power under subsection (1) when the appeal against conviction or an order of acquittal is allowed by reason only of evidence received or available to be received by the Court under section 152 and it appears to the Court that the interests of justice require that an order under this section should be made. (3) An appellant must not be re‑tried under this section for an offence other than —(a) the offence of which the appellant was convicted by the original subordinate military court and in respect of which his or her appeal is allowed as mentioned in subsection (2); (b) any offence of which the appellant could have been convicted at the original subordinate military court on a charge of the firstmentioned offence; or (c) any offence charged in the alternative in respect of which the subordinate military court recorded no finding in consequence of convicting the appellant of the firstmentioned offence. (4) A person who is to be re‑tried under this section for an offence is, if the Military Court of Appeal so directs, to be re‑tried on a fresh charge or charges specified in the direction.