In April, a jury failed to reach a verdict on the former chief superintendent, who had denied gross negligence manslaughter.

Lawyers acting for Mr Duckenfield, 74, of Ferndown, Dorset, opposed an application for a retrial over the 1989 stadium disaster.

The trial is due to start on 7 October at Preston Crown Court.

Ninety-six Liverpool fans died in the crush on the Leppings Lane terrace of Sheffield Wednesday’s ground at the FA Cup semi-final on 15 April.

The 96th victim, Tony Bland, died more than a year and a day after the disaster, and cannot be included in the prosecution.

About 10 family members were in court as Judge Sir Peter Openshaw made the ruling, which followed a hearing on Monday.

In May, the former Sheffield Wednesday club secretary Graham Mackrell was fined £6,500 for a health and safety offence.

He was found guilty of not providing enough turnstiles at the Leppings Lane end.

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