C1Part II Discipline and Trial and Punishment of Air-Force Offences

Annotations:
Modifications etc. (not altering text)

Trial of persons ceasing to be subject to air-force law and time limits for trials

131 Trial and punishment of offences under this Act notwithstanding offender ceasing to be subject to this Act.

1

Subject to the provisions of the next following section, where an offence under this Act triable by court-martial has been committed, or is reasonably suspected of having been committed, by any person while subject to air-force law, then in relation to that offence he shall be treated, for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation of charges, F2summary dealing with charges trial and punishment by court-martial (including F3. . ., review, F4 . . . and suspension) and execution of sentences as continuing subject to air-force law notwithstanding his ceasing at any time to be subject thereto.

2

Where, while a person is in air-force or military custody by virtue of this section (whether before, during or after trial) he commits, or is reasonably suspected of having committed, an offence which if he were subject to air-force law would be an offence under this Act triable by court-martial, then in relation to that offence or suspected offence he shall be treated, for the purposes of the provisions of this Act mentioned in the last foregoing subsection F5, as having been subject to air-force law when the offence was committed or is suspected of having been committed and as continuing subject to air-force law thereafter.

3

Where by virtue of either of the two last foregoing subsections a person is treated as being at any time subject to air-force law for the purpose of any provision of this Act, that provision shall apply to him—

a

if he holds any air-force rank, as to a person having that rank;

b

if he holds any naval or military rank or rating, as to a person having the corresponding air-force rank;

c

otherwise as to a person having the rank which he had when last actually subject to air-force law:

Provided that as respects any time after he has been sentenced for the offence in question F3. . .the said provision shall apply to him (in any case) as to an airman.

4

Where apart from this subsection any provision of this Act would under the last foregoing subsection apply to a person, in relation to different offences, as to a person having different ranks, it shall apply to him as to a person having the lower or lowest of those ranks.