192.—F272[(1) Subject to and in accordance with the provisions of this Act, a general court-martial, limited court-martial or summary court-martial shall, in addition to any other powers conferred on it by this Act, have jurisdiction to try and punish any person for an offence against military law committed by the person while subject to military law as an officer or as a man.]

F273[(1A) 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;

"relevant offence" means—

(a) the offence of treason or murder,

(b) an offence under section 3, as amended, 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,

(c) manslaughter,

(d) rape,

(e) rape under section 4,

(f) aggravated sexual assault,

(g) sexual assault,

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

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

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

(k) conspiracy to commit the offences specified in paragraphs (d), (e), (f), (g), (h), (i) or (j),

(l) an offence under the Criminal Justice (United Nations Convention Against Torture) Act 2000,

(m) an offence under the Criminal Justice (Safety of United Nations Workers) Act 2000, or

(n) an offence under the Criminal Justice (Terrorist Offences) Act 2005.]

F274[(2) A limited court-martial shall not have jurisdiction—

(a) to try any person for any offence against military law committed by the person while subject to military law as an officer,

(b) to try any person who is for the time being an officer or a man of the army rank of battalion quarter-master sergeant or the equivalent naval rank or of any higher non-commissioned rank,

(c) to try any person for a relevant offence, or

(d) to award to any person any sentence greater than imprisonment for a term of two years.]

F275[(3) A general court-martial shall not have jurisdiction to try any person subject to military law for a relevant offence unless the offence was committed while the person 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 when the offence was committed.]

(3A) F276[…]

(4) (a) The Minister, with the concurrence of the Minister for Justice, may make regulations with regard to the exercise of the jurisdiction conferred on courts-martial by section 169 and may in particular by the regulations provide that the exercise of such jurisdiction shall depend on the consent of such civil authority as may be specified in the regulations.

(b) A certificate under the hand of F277[the Director certifying that as respects the trial of a civil offence] the consent referred to in paragraph (a) of this subsection has been obtained shall be prima facie evidence of that fact.