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In force1984 Revised Edition
Contents

Part 7

150. Court of Appeal

(1)

The limitation imposed by section 119, with respect to the time within which a trial for any offence may be begun, does not apply in the case of a retrial authorised by an order of the Court of Appeal under section 149;

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but a person to whom such an order applies shall not be retried unless the order convening the court-martial is issued within the period of 3 months beginning with the date of the order under section 149.

(2)

The Court of Appeal may, where they authorise a retrial, make such orders as appear to them to be necessary or expedient for the retention until the relevant time of property or money which has been restored, delivered or paid in pursuance of an order made on or in consequence of the original conviction or has been placed in safe custody while the operation of any such order is suspended.

(3)

In subsection (2), the reference to “the relevant time” is a reference  to the expiration of the period of 3 months mentioned in subsection (1) or, if during that period a court-martial has been convened for the retrial of an appellant, the time when his case is finally disposed of:

Provided that the relevant time, in a case where the appellant is found guilty on his retrial, is the expiration of the period of 28 days beginning with the date of the finding.

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