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

Relations between air-force law and civil courts and finality of trials

F1133 Jurisdiction of civil courts.

(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.