Defence Act 1954

Acquittal or conviction to be a bar to summary proceedings.

175

175.(1) Where—

(a) a person has been charged with an offence against military law, and

(b) (i) he has been acquitted or convicted of the offence by a civil court, or

(ii) he has been acquitted of the offence by a court-martial, or

(iii) he has been found guilty of the offence by a court-martial F186[],

he shall not be liable to be dealt with summarily for the offence under this Chapter.

(2) Where—

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

(b) the offence was dealt with under this Chapter either by being dismissed or being dealt with summarily,

he shall not be liable to be dealt with summarily again under this Chapter in respect of that offence.

Annotations

Amendments:

F186

Deleted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.