Part 2Jurisdiction and Time Limits

Chapter 3Double Jeopardy

I1I263Service proceedings barring subsequent service proceedings

1

This section applies where a person—

a

has been convicted or acquitted of a service offence; or

b

has had a service offence taken into consideration when being sentenced;

and in this section “offence A” means the offence mentioned in paragraph (a) or (b).

2

The Court Martial may not try that person for an offence (“offence B”) if—

a

offence B is the same offence in law as offence A, or subsection (3) applies; and

b

the alleged facts on which the charge in respect of offence B is based are the same, or substantially the same, as those on which the charge in respect of offence A was based.

3

This subsection applies if—

a

the person was convicted of offence A, or offence A was taken into consideration, and offence B is an offence all of whose elements are elements of offence A;

b

the person was acquitted of offence A and offence B is an offence whose elements include all the elements of offence A; or

c

the person was convicted or acquitted of offence A by the Court Martial or the Service Civilian Court and offence B is an offence of which under section 161 (alternative offences) he could have been convicted on acquittal of offence A.

4

Where offence A is an offence taken into consideration which was not charged, the reference in subsection (2)(b) to the facts on which the charge in respect of offence A was based is to be read as a reference to the facts on which a charge in respect of offence A would have been based.

5

Where by reason of this section a person cannot be tried by the Court Martial for an offence—

a

the Service Civilian Court may not try him for that offence; and

b

a charge against him in respect of that offence may not be heard summarily by an officer.