129 Jurisdiction of civil courts.F6U.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, [F1or 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 [F2for 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 [F3wherever situated][F4or 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 [F2for the same, or substantially the same, offence]; and no person [F5who 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.
Textual Amendments
F1Words inserted by Armed Forces Act 1971 (c. 33), s. 55(a)
F2Words substituted by Armed Forces Act 1966 (c. 45), s. 35(1)
F3Words inserted by Armed Forces Act 1966 (c. 45), s. 35(2)
F4Words inserted by Armed Forces Act 1971 (c. 33), s. 55(b)
F5Words substituted by Armed Forces Act 1971 (c. 33), s. 55(b)
Textual Amendments applied to the whole legislation
F6Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions