Army Act 1955 (repealed)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 military law—

[F1 (a) has been tried for an offence by a competent civil court, wherever situated, or a court-martial (whetherheld under this Act, the M1 Air Force Act 1955 or the M2 Naval DisciplineAct 1957), or

(aa) has had an offence committed by him taken into consideration when being sentenced by a competent civilcourt in the United Kingdom or any such court-martial as is 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 Air Force Act 1955, and has had the charge dismissed, or has been foundguilty on the charge, by his commanding officer or the appropriate superior authority, or

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

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 casedealt 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 afinding 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 reasonof insanity];

(b) a person shall not be deemed to have had an offence taken into consideration by a court-martial insentencing 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 beenannulled by the confirming officer or 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 of that officer or authority has been quashed, or theaward 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 havecommitted the offence if, and only if, that officer or any officer authorised by him to act in relation tothe alleged offence has with knowledge of all relevant circumstances informed him that he will not becharged therewith;

(e) a person ordered under subsection (2) of section fifty-seven of this Act or the corresponding provisionof the M5 Air Force Act 1955, to be imprisoned or to undergo detention for an offenceagainst 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 orderconvening the later court-martial is issued not later than twenty-eight days after the promulgation of thedecision to withhold confirmation.

(4) Save as provided in the foregoing provisions of this section, proceedings for an offence against thisAct (whether before a commanding officer or appropriate superior authority or before a court-martial) shallnot 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)(b)

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 modification by Armed Forces Act 1976 (c. 52), Sch. 3 para.16

Marginal Citations

M1 1955 c. 19.

M2 1957 c. 53.

M3 1957 c. 53.

M4 1955 c. 19.

M5 1955 c. 19.

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