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Part IIU.K. Discipline and Trial and Punishment of Air-Force Offences

Modifications etc. (not altering text)

Relations between air-force law and civil courts and finality of trialsU.K.

[F1133 Jurisdiction of civil courts.F8U.K.

(1)Where a person subject to air-force law—

(a)has been tried for an offence by a court-martial or has had an offence committed by him taken into consideration 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 his commanding 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 jurisdiction of 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 in sentencing him if F4. . . the sentence is quashed [F5(as well as in a case where the taking into consideration of the offence has been annulled by the F4. . . reviewing authority)];

(c)a case shall be deemed to have been dealt with summarily by the commanding officer or appropriate superior 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

F4Words in s. 133(2)(b) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

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 transitional provisions in art. 2, Sch. para. 14)

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 transitional provisions in art. 3, Sch. para. 14)

Modifications etc. (not altering text)

C2S. 133 extended with modifications by Armed Forces Act 1976 (c. 52), Sch. 3 paras. 1(2), 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