Hillsborough match commander David Duckenfield will face a retrial over the gross negligence manslaughter of Liverpool fans, a judge has ruled.
Judge Sir Peter Openshaw made the ruling at Preston Crown Court on Tuesday morning following a hearing on Monday.
The Crown Prosecution Service (CPS) sought a retrial after a jury was discharged in April following a 10-week trial. The application was resisted by lawyers for the 74-year-old retired chief superintendent.
The judge said: “I authorise a retrial of defendant David Duckenfield.”
Ninety-six men, women and children died in the crush on the Leppings Lane terrace at the FA Cup semi-final on April 15 1989.
Under the law at the time, Duckenfield was not charged over the death of the 96th victim, Tony Bland, as he died more than a year and a day after the disaster.
About 10 family members were in court to hear the judge’s ruling along with a dozen members of the press.
A retrial is expected to take place on October 7.
Court was adjourned until later on Tuesday when legal discussions will take place.
Potential jurors in the trial of Hillsborough match commander David Duckenfield have been asked their footballing allegiances.
The 75-year-old former police chief superintendent appeared in court as his retrial began in Preston Crown Court on Monday morning.
When the hearing started shortly after 11am, 100 potential jurors were brought into the courtroom, sitting in the jury box, public gallery and dock.
Judge Sir Peter Openshaw said: "In this case the defendant, David Duckenfield, is charged with manslaughter arising out of the Hillsborough stadium disaster at the FA Cup semi-final between Liverpool and Nottingham Forest, played at Sheffield, on April 15, 1989.
"I must find jurors who can properly and fairly try such a case."
The jury panel was given questionnaires made up of 19 questions to assess whether they were suitable to serve.
They were asked whether they, or any close relatives or friends, were supporters of Liverpool, Everton, Sheffield Wednesday or Nottingham Forest.
Duckenfield, wearing a grey suit, striped shirt and purple tie, sat in the well of the court during the hearing.
His wife Ann sat in court along with about 10 relatives of the 96 victims and 10 members of the press.
Other family members were able to watch proceedings via videolink at the Cunard building in Liverpool.
Potential jurors were asked whether they or family members had ever been employed by the police or by criminal agencies including the Crown Prosecution Service and the Independent Office for Police Conduct.
The questionnaire asked if they, or close relatives or friends, were at the stadium on the day of the disaster or had been involved in any Hillsborough campaign groups.
It also asked whether they had health problems or had any pre-booked holidays while the trial was due to sit.
A panel of 32 was selected from the 100 and the potential jurors told they would be sworn in on Tuesday morning.
The judge said: "Tomorrow morning, by ballot at random, we will choose 14 of you to serve as a jury."
Court was adjourned until Tuesday.
Ninety-six men, women and children died as a result of the crush in pens at the Leppings Lane end of the Sheffield Wednesday ground at the match between Liverpool and Nottingham Forest on April 15, 1989.
Under the law at the time, there can be no prosecution for the death of the 96th victim, Tony Bland, as he died more than a year and a day after his injuries were caused.
Hillsborough match commander David Duckenfield will not give evidence in his retrial as he has post-traumatic stress disorder.
The defence case in the trial of the retired chief superintendent, who denies the gross negligence manslaughter of 95 Liverpool supporters at the 1989 FA Cup semi-final, began at Preston Crown Court on Wednesday afternoon.
Benjamin Myers QC, defending Duckenfield, 75, said he would not be called to give evidence as his medical condition makes it 'undesirable'.
Judge Sir Peter Openshaw told the jury: 'It is his right not to give evidence. As I told you earlier in the trial, he has post-traumatic stress disorder.
'In the circumstances, his medical condition makes it undesirable for him to give evidence.'
He directed jurors not to draw any inference against Duckenfield because of the decision.
Earlier on Wednesday, the court was told Duckenfield had been interviewed under caution by officers from the investigation Operation Resolve in June 2017 and gave a prepared statement.
The man in control of police operations at the 1989 Hillsborough Stadium tragedy that left 96 people dead has been cleared by a jury of gross negligence manslaughter.
A jury at Preston Crown Court found David Duckenfield not guilty on Thursday following a trial which lasted more than six weeks.
The prosecution in the case alleged Duckenfield, who is now 75, had a “personal responsibility” for what happened at the match between Liverpool and Nottingham Forest on April 15, 1989, where 96 people — all Liverpool fans — were fatally injured in a crush inside the stadium.
Duckenfield denied 95 counts. There can be no prosecution for the death of the 96th victim, Tony Bland, because he died more than a year and a day after his injuries. Duckenfield stood trial earlier this year but the jury was discharged after failing to reach a verdict and a retrial was ordered.