Part II Trial and punishment of offences
Jurisdiction
48 Jurisdiction of courts-martial.
1
Subject to the provisions of this section, any offence under Part I of this Act may be tried and punished by court-martial; and a court-martial shall have jurisdiction to try any such offence whether committed within the United Kingdom or elsewhere.
2
A person shall not be tried by court-martial by virtue of section forty-two of this Act for a civil offence of treason, murder, manslaughter, treason-felony or rape F3or an offence under section 1 of the Geneva Conventions Act 1957. . . F4or an offence under section 1 of the M1Biological Weapons Act 1974F5or an offence under section 2 or 11 of the Chemical Weapons Act 1996F2or an offence under section 51 or 52 of the International Criminal Court Act 2001 committed on shore within the United Kingdom; and for the purposes of this subsection an offence of murder or manslaughter F6, 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,. . .shall be deemed to have been committed at the place of the commission of the act or the occurrence of the neglect which caused the death, irrespective of the place of the death. F7In this subsection the references to murder shall apply also to aiding, abetting, counselling or procuring suicide.
3
Except as provided by subsection (3) of section thirty-eight of this Act, a person who commits an offence under that section in relation to a court-martial shall not be dealt with by that court for that offence.
F849. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F950. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51 Jurisdiction to try offenders no longer subject to this Act.
1
Subject to the provisions of . . . F10 the next following section, a person who has ceased to be subject to this Act may be tried under this Part of this Act for any offence committed while subject to this Act, and may for that purpose be arrested and kept in custody, as if he had not ceased to be subject thereto.
2
. . . F11
52 Limitation of time for trial.
F121
Where by virtue of any enactment proceedings on indictment for any civil offence must be brought within a limited period, a person shall not be tried for that offence under section 42 of this Act unless the trial is begun within that period.
2
Without prejudice to the foregoing subsection, but subject to the provisions of subsection (3) of this section, a person shall not be tried by virtue of section fifty-one of this Act for an offence committed while subject to this Act unless the trial is begun within three months F13or, in the case of trial by court-martial, six months after he ceased to be subject thereto.
F143
F15Subsection (2) above shall not apply to an offence of mutiny or desertion; F15or, without prejudice to subsection (1) above, to a civil offence punishable under section 42 of this Act where the civil offence is alleged to have been committed outside the United Kingdom and the Attorney General consents to the trial.