PART 6DOUBLE JEOPARDY
Saving of existing bars to service proceedings25
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.