# Armed Forces Act 2006, Paragraph 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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Source: https://www.legislation.gov.uk/ukpga/2006/52/schedule/8/paragraph/20 (the official version)
Page: https://openlegislation.uk/armed-forces-act-2006/schedule-8/paragraph-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

