Air Force Act 1955 (repealed)

134 Persons not to be tried under this Act for offences already disposed of. F7 U.K.

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

[F1 (a) has been tried for an offence by a competent civil court, wherever situated, or a court-martial (whether held under this Act, the M1 Army Act 1955 or the M2 Naval Discipline Act 1957), or

(aa) has had an offence committed by him taken into consideration when being sentenced by a competent civil court in the United Kingdom or any such court-martial as if referred to in the foregoing paragraph; or]

(b) has been charged with an offence under this Act, [F2 the M3 Naval Discipline Act 1957] or the M4 Army Act 1955, and has had the charge dismissed, or has been found guilty on the charge, by his commanding officer or the appropriate superior authority, or

(c) has had an offence condoned by his commanding officer (whether air-force, naval or military),

he shall not be liable in respect of [F3 the same, or substantially the same offence] to be tried by court-martial or to have the case dealt with summarily by his commanding officer or the appropriate superior authority.

(2) For the purposes of this section—

(a) a person shall not be deemed to have been tried by a court-martial if confirmation is withheld of a finding by the court-martial that he is guilty of the offence [F4 or of a finding by the court-martial that he is not guilty of the offence by reason of insanity];

(b) a person shall not be deemed to have had an offence taken into consideration by a court-martial in sentencing him if confirmation of the sentence of the court is withheld or the sentence is quashed [F5 (as well as in a case where the taking into consideration of the offence has been annulled by the confirming officer or 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 of that officer or authority has been quashed, or the award of that officer or authority quashed or varied, on the review thereof;

(d) an offence shall be deemed to have been condoned by the commanding officer of a person alleged to have committed the offence if, and only if, that officer or any officer authorised by him to act in relation to the alleged offence has with knowledge of all relevant circumstances informed him that he will not be charged therewith;

(e) a person ordered under subsection (2) of section fifty-seven of this Act or the corresponding provision of the M5 Army Act 1955 to be imprisoned or to undergo detention for an offence against that section or provision shall be deemed to have been tried by court-martial for the offence.

(3) Where confirmation of a finding of guilty of an offence [F6 or of a finding of not guilty of an offence by reason of insanity] is withheld the accused shall not be tried again by court-martial for that offence unless the order convening the later court-martial is issued not later than twenty-eight days after the promulgation of the decision to withhold confirmation.

(4) Save as provided in the foregoing provisions of this section, proceedings for an offence against this Act (whether before a commanding officer or appropriate superior authority or before a court-martial) shall not be barred on the ground of condonation.

Textual Amendments

F1 S. 134(1)(a)(aa) substituted for s. 134(1)(a) by Armed Forces Act 1966 (c. 45), s. 26

F2 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F3 Words in s. 134(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 5(3); S.I. 1991/2719, art.2

F4 Words added by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c), Sch. 2 Pt. I

F5 Words added by Armed Forces Act 1981 (c. 55), s. 5(4)(a)

F6 Words inserted by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c), Sch. 2 Pt. I

Modifications etc. (not altering text)

C1 S. 134 excluded by Courts-Martial (Appeals) Act 1968 (c. 20), s. 19(2)

C2 S. 134(1)(2) extended with modifications by Armed Forces Act 1976 (c. 52), Sch. 3 paras. 1(2), 16

Marginal Citations

M1 1955 c. 18.

M2 1957 c. 53.

M3 1957 c. 53.

M4 1955 c. 18.

M5 1955 c. 18.

Textual Amendments applied to the whole legislation

F7 Act: 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