[F1133 Jurisdiction of civil courts F8U.K.
(1)Where a person subject to military law—
(a)has been tried for an offence by a court-martial or has had an offence committed by him taken intoconsideration by a court-martial in sentencing him, or
(b)has been charged with an offence under this Act and has had the charge dealt with summarily by hiscommanding officer or the appropriate superior authority,
a civil court shall be debarred from trying him subsequently for [F2the same, or substantially the same offence] ; but except as aforesaid nothing in this Act shall be construed as restricting the jurisdictionof any civil court to try a person subject to this Act for an offence.
(2)For the purposes of this section—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a person shall not be deemed to have had an offence taken into consideration by a court-martial insentencing him if F4. . . the sentence is quashed [F5(as well as in a case where the taking into consideration of the offence has beenannuled by the F4. . . reviewing authority)];
(c)a case shall be deemed to have been dealt with summarily by the commanding officer or appropriatesuperior authority notwithstanding that the finding [F6or award] of that officer or authority has been quashed, [F7on review or quashed or varied by the summary appeal court.]].
Textual Amendments
F1S. 133 substituted by Armed Forces Act 1966 (c. 45), s. 25(1)
F2Words in s. 133(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 5(2); S.I. 1991/2719, art. 2
F3Words in s. 133(2)(a) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)
F4Words in s. 133(2)(b) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)
F5Words added by Armed Forces Act 1981 (c. 55), s. 5(4)(a)
F6Words in s. 133(2)(c) inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 21(a); S.I. 2000/2366, art. 2 (with Sch. para. 13)
F7Words in s. 133(2)(c) substituted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 21(b); S.I. 2000/2366, art. 2 (with Sch. para. 13)
Modifications etc. (not altering text)
C1S. 133 extended with modifications by Armed Forces Act 1976 (c. 52), Sch. 3 para. 16
Textual Amendments applied to the whole legislation
F8Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2