—(1) The Military Court of Appeal shall have the power, on quashing a conviction or reversing an order of acquittal, to make an order authorising the appellant to be retried by a subordinate military court.
(2) The Military Court of Appeal shall only exercise the power under subsection (1) when the appeal against conviction or an order of acquittal is allowed by reason only of evidence received or available to be received by the Court under section 152 and it appears to the Court that the interests of justice require that an order under this section should be made.
(3) An appellant shall not be retried under this section for an offence other than —
the offence of which he was convicted by the original subordinate military court and in respect of which his appeal is allowed as mentioned in subsection (2);
any offence of which he could have been convicted at the original subordinate military court on a charge of the first-mentioned offence; or
any offence charged in the alternative in respect of which the subordinate military court 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 Military Court of Appeal so directs, be retried on a fresh charge or charges specified in that direction.