C2C3Part II Discipline and Trial and Punishment of Military Offences

Annotations:
Modifications etc. (not altering text)
C2

Part II extended by Reserve Forces Act 1980 (c. 9), s. 142

C3

Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2

Trial of persons ceasing to be subject to military law and time limits for trials

133F2 Jurisdiction of civil courts C1

1

Where a person subject to military law—

a

has been tried for an offence by a court-martial or has had an offence committed by him taken intoconsideration by a court-martial in sentencing him, or

b

has been charged with an offence under this Act and has had the charge dealt with summarily by hiscommanding officer or the appropriate superior authority,

a civil court shall be debarred from trying him subsequently for F3the same, or substantially the same offence ; but except as aforesaid nothing in this Act shall be construed as restricting the jurisdictionof any civil court to try a person subject to this Act for an offence.

2

For the purposes of this section—

F4a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

a person shall not be deemed to have had an offence taken into consideration by a court-martial insentencing him if F5. . . the sentence is quashed F6(as well as in a case where the taking into consideration of the offence has beenannuled by the F5. . . reviewing authority);

c

a case shall be deemed to have been dealt with summarily by the commanding officer or appropriatesuperior authority notwithstanding that the finding F7or award of that officer or authority has been quashed, F8on review or quashed or varied by the summary appeal court..