Sch 8 para 54
For Schedule 1 (provisions as to retrial) substitute— Provisions as to Retrial (1) This Schedule applies where an order under section 19 is made authorising the retrial of a person. (2) Evidence given at the retrial must be given orally if it was given orally at the original trial, unless— (a) all parties to the retrial agree otherwise; (b) section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or (c) the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) of that Act applies (admission of hearsay evidence under residual discretion). (3) If the person is convicted on the retrial, the Court Martial may not pass a sentence that is (or sentences that, taken together, are) more severe than the sentence (or the sentences, taken together) passed at the original trial. (4) In sections 246 and 247 of the 2006 Act (crediting of time in service custody) as they apply in relation to the retrial, references to the offender being kept in service custody include references to his being kept in custody (whether service or otherwise) in pursuance of a sentence passed at the original trial.