63Service proceedings barring subsequent service proceedingsU.K.
(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.
Commencement Information
I1S. 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)
I2S. 63 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4