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25.—(1) This article applies where immediately before commencement a person was by virtue of a provision mentioned in paragraph (3) not liable to be tried by court-martial in respect of an SDA offence.
(2) Where this article applies—
(a)the Court Martial may not try that person for that offence;
(b)the Service Civilian Court may not try that person for that offence;
(c)a charge against that person in respect of that offence may not be heard summarily by an officer.
(3) The provisions referred to in paragraph (1) are—
(a)section 134 of AA 1955 or AFA 1955 or section 129(2) of NDA 1957 (prohibition of trial by service court for offence already disposed of);
(b)section 18 of CMAA 1968 (conviction quashed by Appeal Court);
(c)a direction under section 52I(12) or (13) of NDA 1957 (direction that accused not liable to be tried for offence charged);
(d)a direction under section 81(2) of AA 1955 or AFA 1955 (direction prohibiting trial for desertion where confession made);
(e)an order under section 74 of NDA 1957 (order dispensing with trial of rating for desertion where confession made).
(4) Where immediately before commencement a person was by virtue of section 134 of AA 1955 or AFA 1955 not liable to be tried by court-martial in respect of an SDA offence by reason of having had an offence taken into consideration when being sentenced by a court-martial or a Standing Civilian Court, paragraph (2) above ceases to apply in respect of the SDA offence if after commencement that sentence is quashed.
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