Defence Act 1954

Chapter V.

Courts-martial.

Acquittal or conviction to bar subsequent trial by court-martial.

185

185. F220 [ (1) Where a person subject to military law has been acquitted of an offence by a court-martial, he shall not be liable to be tried again by a court-martial in respect of that offence. ]

F221 [ (1A) Where a person subject to military law has been convicted of an offence by a court-martial, he shall not be liable to be tried again by a court-martial in respect of that offence unless the conviction has been quashed and a re-trial ordered by the Courts-Martial Appeal Court pursuant to the Criminal Procedure Act 1993 . ]

(2) Where a person subject to military law has been acquitted or convicted of an offence by a competent civil court, he shall not be liable to be tried again by a court-martial in respect of that offence.

(3) Where—

( a) a person subject to military law is charged with an offence against military law, and

( b) the charge is dealt with under Chapter IV of this Part either by being dismissed or being summarily dealt with,

such person shall not be liable to be tried by court-martial in respect of that offence.

Annotations:

Amendments:

F220

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 35(a), S.I. No. 254 of 2008.

F221

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 35(b), S.I. No. 254 of 2008.