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Armed Forces Act 2006

Armed Forces Act 2006 Sch 8 para 20

Sch 8 para 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).

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