Part 2

Jurisdiction and Time Limits
Chapter 3

Double Jeopardy

Service proceedings barring subsequent service proceedings
63
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.
S. 63 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 63 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4