Royal Brunei Armed Forces Act · s 149

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

149.
Power to authorise retrial in certain cases
(1) The Court of Appeal shall have the power, on quashing a conviction, to make an order authorising the appellant to be retried by court-martial, but shall not exercise this power —
(a) where the appeal against conviction is allowed by reason only of evidence received or available to be received by the court under sections 159 to 161; and
(b) it appears to the court that the interests of justice require that an order under this section should be made.
(2) This section has effect notwithstanding the restrictions on retrial imposed by section 121.
(3) An appellant shall not be retried under this section for an offence other than —
(a) the offence of which he was convicted by the original court-martial and in respect of which his appeal is allowed as mentioned in subsection (1);
(b) any offence of which he could have been convicted at the original court-martial on a charge of the first-mentioned offence; or
(c) any offence charged in the alternative in respect of which the court-martial recorded no finding in consequence of convicting him of the first-mentioned offence.
(4) A person who is to be retried under this section for an offence shall, if the Court of Appeal so directs, be retried on a fresh charge or charges specified in the direction; but whether he is so tried or is retried on one or more of the original charges, no fresh investigation or other steps shall be taken under sections 76 to 79 in relation to the charge or charges on which he is to be retried.
Implementation of authority for retrial and supplementary orders of

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 149Power to authorise retrial in certain cases

(1)

The Court of Appeal shall have the power, on quashing a conviction, to make an order authorising the appellant to be retried by court-martial, but shall not exercise this power —

(a)

where the appeal against conviction is allowed by reason only of evidence received or available to be received by the court under sections 159 to 161; and

(b)

it appears to the court that the interests of justice require that an order under this section should be made.

(2)

This section has effect notwithstanding the restrictions on retrial imposed by section 121.

(3)

An appellant shall not be retried under this section for an offence other than —

(a)

the offence of which he was convicted by the original court-martial and in respect of which his appeal is allowed as mentioned in subsection (1);

(b)

any offence of which he could have been convicted at the original court-martial on a charge of the first-mentioned offence; or

(c)

any offence charged in the alternative in respect of which the court-martial recorded no finding in consequence of convicting him of the first-mentioned offence.

(4)

A person who is to be retried under this section for an offence shall, if the Court of Appeal so directs, be retried on a fresh charge or charges specified in the direction; but whether he is so tried or is retried on one or more of the original charges, no fresh investigation or other steps shall be taken under sections 76 to 79 in relation to the charge or charges on which he is to be retried.

Implementation of authority for retrial and supplementary orders of