(a)(1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing.(2) In such a case he or she shall state the reasons for disapproval.(3) If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.(b)(1) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case.(2) Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial; and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory.Acts 1969, No. 50, § 109; A.S.A. 1947, § 11-664.
Arkansas Legal Code