Any person subject to military law who commits a civil offence, whether in the United Kingdom orelsewhere, shall be guilty of an offence against this section.

In this Act the expression “civil offence” means any act or omission punishable by the law of England or which, ifcommitted in England, would be punishable by that law; and in this Act the expression “the corresponding civil offence” means the civil offence the commission of whichconstitutes the offence against this section.

For the purpose of determining under this section whether an attempt to commit an offence is a civiloffence, subsection (4) of section 1 of the M1Criminal Attempts Act 1981 (which relatesto the offence of attempt) shall have effect as if for the words “offence which, if it were completed,would be triable in England and Wales as an indictable offence" there were substituted the words “civiloffence consisting of an act punishable by the law of England and Wales as an indictable offence or an actwhich, if committed in England or Wales, would be so punishable by that law".

Where the corresponding civil offence is one to which F9section 109, 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.

A person shall not be charged with an offence against this section committed in the United Kingdom ifthe corresponding civil offence is treason, murder, manslaughter, treason-felony or rape F10or an offence under section 1 of the Geneva Conventions Act 1957F11or an offence of genocideF12or an offence under section 1 of the M2Biological Weapons Act 1974 F13or an offence under section 2 or 11 of the Chemical Weapons Act 1996.F10or an offence under section 51 or 52 of the International Criminal Court Act 2001

F14In this and the following subsection the references to murder shall apply also toaiding, abetting, counselling or procuring suicide.

Where the corresponding civil offence is murder or manslaughter F10, or an offence under section 1 of the Geneva Conventions Act 1957 or section 51 of the International Criminal Court Act 2001 consisting of the killing of a person,F15 or an offence of genocide consisting of the killing of any person an offence against this section shall be deemed, for the purposes of the last foregoing subsection,to have been committed at the place of the commission of the act or occurrence of the neglect which causedthe death, irrespective of the place of the death.

A person subject to military law may be charged with an offence against this section notwithstandingthat he could on the same facts be charged with an offence against any other provision of this Part of thisAct.