- Latest available (Revised)
- Point in Time (01/10/2001)
- Original (As enacted)
Version Superseded: 31/10/2009
Point in time view as at 01/10/2001. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Air Force Act 1955 (repealed), Section 133.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(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
F1S. 133 substituted by Armed Forces Act 1966 (c. 45), s. 25(2)
F2Words in s. 133(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 5(2); S.I. 1991/2719, art. 2
F3S. 133(2)(a) 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)
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)
F5Words added by Armed Forces Act 1981 (c. 55), s. 5(4)(a)
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)
C1S. 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
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: