Clause 144

The limitations imposed in this Act with respect to the time within which a trial may be begun, shall not apply in the case of a retrial authorised by an order of the Military Court of Appeal under subsection (4) of section 136 or section 143 of this Act.

The Military Court of Appeal may, where it authorises a retrial, make such orders as appear to it 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.

In subsection (2) of this section the reference to “the relevant time” is reference to the time when the case is finally disposed of except that for the purposes of that subsection the relevant time, in a case where the appellant is found guilty on his retrial, is the expiration of the period of twenty-eight days beginning with the date of the finding.