Defence Forces (Evidence) Act 2022
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Retrial, quashing of convictions and determination of proceedings | ||
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39. (1) In sections 36 and 37 , references to a conviction of a person for an offence against military law shall be construed as including references to a conviction of the person for such an offence after a re-trial for that offence. | ||
(2) In section 36 , a reference to a conviction of a person for an offence against military law being quashed shall be construed as a reference to where a court hearing an appeal against the conviction makes an order quashing the conviction and, if the court is the Court of Appeal, either— | ||
(a) it does not order the person to be re-tried for the offence concerned, or | ||
(b) it does not substitute for the verdict a verdict of guilty of another offence against military law. | ||
(3) In section 37 , references to the proceedings in respect of an offence against military law being determined shall be construed as references to where those proceedings are finally determined (including any appeal, whether by way of case stated or otherwise, rehearing or re-trial). |