The service prosecution authority has confirmed it's pressing ahead with the legal proceedings. Danny has been forbidden by his army bosses from speaking to the media, but his wife says the family was convinced the case would be dropped.

I think when we start to get our hopes, they wouldn't actually go ahead with the retrial, so in fact they have decided now to push along with the retrial. It's come with a little bit of shock.

Danny Nightingale goes into his new trial knowing that army doctors have now declared him unfit for active service following a brain injury 4 years ago, so whatever the outcome of the legal case, sergeant Nightingale's military career appears to be over.

He has been giving a mental health team, he has been giving a brain injury team, they're all looking and helping not just Danny but also his family to deal with, his brain injury not happens on a day to day bases, but the fact that this is leading to a medical discharge, it's really sad for Danny to accept you know that would be the end of his career in the army.

The SAS sniper's lawyer says he is confident he will clear Danny Nightingale's name.

Prosecution here is going to have to prove that sergeant Nightingale had knowledge that he was in possession of the firearm and his defence is that he's suffering from a permanent brain injury that resulted in him completely forgotten he was in possession that essentially would be the issue before the court martial.

When Danny Nightingale's legal journey does come to an end, whatever the verdict, he knows he'll no longer be in the army, but assumes to be ex-special force soldier, there are already plenty of job offers.