169.—(1) Subject to the provisions of this Act, every person who, while he is subject to military law, commits any of the F179[offences referred to in this section, other than an applicable offence committed in the circumstance referred to in subsection (4)] shall be deemed to be guilty of an offence against military law and, if charged under this section with any such offence (in this Act referred to as a civil offence) shall be liable to be tried by court-martial.

(2) Where a person charged under this section is convicted by a court-martial of treason or murder, he shall be sentenced to imprisonment for life.

F180[(3) Where a person charged under this section is convicted by a court-martial of an offence other than treason or murder, he shall be liable to be punished as follows:

(a) if he is convicted of manslaughter, be liable to imprisonment for life or any lesser punishment awardable by a court-martial;

(b) if he is convicted of rape, F179[rape under section 4 or aggravated sexual assault, where the offence was committed while the person so convicted was on active service outside the State or despatched for service outside the State under section 2 of the Defence (Amendment) (No. 2) Act 1960 or for any purpose specified in section 3 of the Defence (Amendment) Act 2006], be liable to imprisonment for life or any lesser punishment awardable by a court-martial;

F181[(c) if convicted of an offence under section 3 of the Geneva Conventions Act 1962 or an offence under section 7 (genocide, crimes against humanity and war crimes) or 8 (ancillary offences) of the International Criminal Court Act 2006, be liable—

(i) to imprisonment for life—

(I) if the offence involves murder or, in the case of an offence committed outside the State, the killing of a person in such circumstances as would constitute murder if the offence were committed within the State, or

(II) if a term of life imprisonment would be justified by the extreme gravity of the offence and the individual circumstances of the convicted person,

or

(ii) in any other case, to imprisonment for a term not exceeding thirty years;]

(d) if he is convicted of an offence under the Criminal Justice (United Nations Convention against Torture) Act 2000 be liable to imprisonment for life;

(e) if he is convicted of an offence under the Criminal Justice (Safety of United Nations Workers) Act 2000 be liable either to suffer any punishment assigned for such offence by that Act or any lesser punishment awardable by a court-martial;

(f) if he is convicted of an offence under the Criminal Justice (Terrorist Offences) Act 2005, be liable to suffer any punishment assigned for such offence by that Act;

(g) if he F179[is convicted of any offence, other than an applicable offence, not before in this section particularly specified] which when committed in the State is punishable by the ordinary criminal law of the State, be liable, whether the offence is committed in the State or elsewhere, either to suffer any punishment assigned for such offence by law of the State or to suffer—

(i) if he is subject to military law as an officer, dismissal with F182[disgrace] from the Defence Forces or any lesser punishment awardable by a court-martial, or

(ii) if he is subject to military law as a man, imprisonment for any term not exceeding two years or any lesser punishment awardable by a court-martial.]]

F183[(4) The circumstance referred to in subsection (1) is that the offence was committed by a person subject to military law who was not, when the offence was committed—

(a) on active service outside the State,

(b) despatched for service outside the State under section 2 of the Defence (Amendment) (No. 2) Act 1960, or

(c) despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006.

(5) In this section—

"aggravated sexual assault", "rape under section 4" and "sexual assault" have the same meanings as they have in the Criminal Law (Rape) (Amendment) Act 1990;

"applicable offence" means—

(a) rape,

(b) rape under section 4,

(c) aggravated sexual assault,

(d) sexual assault,

(e) attempted rape, rape under section 4, aggravated sexual assault or sexual assault,

(f) aiding, abetting, counselling or procuring the offence of rape, rape under section 4, aggravated sexual assault or sexual assault,

(g) incitement to the offence of rape, rape under section 4, aggravated sexual assault or sexual assault, or

(h) conspiracy to commit any of the foregoing offences.]