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Status:
Point in time view as at 01/02/1991. This version of this provision has been superseded.
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Naval Discipline Act 1957 (repealed), Section 129 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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129 Jurisdiction of civil courts.U.K.
(1)Where a person subject to this Act is acquitted or convicted of an offence on trial by a court-martial or disciplinary court, or on summary trial under section forty-nine of this Act, [or has had an offence committed by him taken into consideration by a court-martial or disciplinary court in sentencing him] a civil court shall be debarred from trying him subsequently [for the 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 any offence.
(2)Where a person subject to this Act is acquitted or convicted of an offence on trial by a civil court [wherever situated][or has had an offence committed by him taken into consideration when being sentenced by a civil court in the United Kingdom], he shall not subsequently be tried under this Act [for the same, or substantially the same, offence]; and no person [who has been so convicted or has had an offence committed by him so taken into consideration] shall, by reason of the conviction or the offence, be subjected to any loss or forfeiture of seniority or of rate, of privilege in respect of leave, or of pay or service (other than pay and service in respect of time spent in civil custody pending trial, or while attending his trial, or while serving any sentence of imprisonment, corrective training, preventive detention, detention in a Borstal institution or other detention awarded by the civil court):
Provided that nothing in this subsection shall affect the power to discharge any person from Her Majesty’s service as a person whose services are no longer required; and notwithstanding anything in this subsection a rating who would otherwise be so discharged may, on his own application, be reverted in lieu of being so discharged.
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