Nightingale to learn whether he will face re-trial

Sgt Danny Nightingale with his wife on the day he was released. Photo: Press Association

An SAS sniper is expected to find out today whether he will face a retrial for illegally possessing a pistol and ammunition.

Sergeant Danny Nightingale was originally sentenced to 18 months' military detention after pleading guilty to illegally possessing a Glock 9mm pistol - a gift he received serving in Iraq - and more than 300 rounds of ammunition.

He successfully appealed against the sentence and was released after three weeks. Judges concluded the original 18-month sentence from November was too harsh and cut the term to 12 months, saying it should be suspended, prompting Sgt Nightingale's immediate release.

The Court of Appeal also quashed his conviction, saying a fresh court martial should be held.

Sgt Nightingale, 38, from Crewe, Cheshire, is due to appear at a preparatory hearing at the Military Court Centre in Bulford, Wiltshire, today, where his lawyers will challenge whether it is in the public interest to continue the prosecution.

Sgt Nightingale, who served in Iraq and Afghanistan, would be expected to plead not guilty at a retrial, his defence team arguing that a brain injury affecting his memory is a critical element in the case.

His wife Sally gained nationwide support in her campaign for his release, including MPs and former SAS officers.