Page:Courts-Martial (Appeals) Act 1968 (UKPGA 1968-20 qp).pdf/31

28

5. On the retrial of a person under section 19 of this Act, the record of the evidence given by any witness at the original trial may, with the leave of the court-martial, be read as evidence—
 * (a) by agreement between the prosecution and the defence; or
 * (b) if the court-martial is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable efforts to find him or secure his attendance have been made without success or that owing to the exigencies of the service it is not practicable for him to attend as aforesaid,

and may be so read without further proof if it forms part of the original proceedings of the original court-martial or a copy thereof and those proceedings are, or that copy is, admissible as evidence under section 200 of the Air Force Act.

6. Where a person authorised to be retried is again convicted on the retrial, the court-martial by which he is convicted may pass in respect of the offence any sentence authorised by the Air Force Act, not being a sentence of greater severity than that passed on the original conviction.

7. Where a person authorised under section 19 of this Act to be retried is convicted on retrial and sentenced to imprisonment or detention, there shall be taken into account in calculating the period for which he is liable to imprisonment or to be detained in pursuance of that sentence—
 * (a) any time before the original conviction was quashed which would have been taken into account in calculating the period for which he would have been liable to be im prisoned or detained in pursuance of a sentence of imprisonment or detention imposed at the original trial; and
 * (b) any time after the quashing of his original conviction which he has spent under close arrest awaiting retrial.

SCHEDULE 2 Modifications of Part II 1.—(1) In the case of a conviction involving sentence of death, the right of appeal conferred by section 8(1) of this Act on the person convicted shall be exercisable without his being required to present a petition to the Defence Council; and accordingly in such a case subsection (2) of that section shall not apply.

(2) In the case of such a conviction, the power of the Appeal Court under section 9(3) of this Act to extend the period within which an application for leave to appeal must be lodged shall not be exercisable.