Quote Originally Posted by ccfc_is_my_life View Post
He'd not go back to prison if sentence less than or equal to time already served. If judge sentenced a longer term, believe he'd have to serve the difference.
http://ukcriminallawblog.com/ched-ev...trial-ordered/

"One point to note though is that if he is found guilty at the re-trial, then he cannot get a higher sentence than at the first trial (5 years imprisonment).

Given that he has served the custodial part of his sentence, there is therefore no question of him being sent back to prison."