First Previous (CHAPTER VII. Legal Penalties in Matters Respecting the Forces.) Next (CHAPTER IX. Evidence.)

30 1923




Liability to military law in respect of status.

194. —(1) Where an offence under this Act has been committed by any person while subject to military law such person may be taken into and kept in military custody and tried and punished for such offence, although he, or the corps or battalion to which he belongs has ceased to be subject to military law, in like manner as he might have been taken into and kept in military custody, tried or punished, if he or such corps or battalion had continued to be so subject:

Provided that where a person has since the commission of an offence ceased to be subject to military law, he shall not be tried for such offence, except in the case of the offence of mutiny, desertion, or fraudulent enlistment, unless his trial commences within three months after he has ceased to be subject to military law; but this Section shall not affect the jurisdiction of a Civil Court in the case of any offence triable by such Court as well as by Court-Martial.

(2) Where a person subject to military law is sentenced by Court-Martial to penal servitude, imprisonment, or detention, this Act shall apply to him during the term of his sentence, notwithstanding that he is discharged or dismissed from the service, or has otherwise ceased to be subject to military law, and he may be kept, removed, imprisoned, made to undergo detention, and punished accordingly as if he continued to be subject to military law.

Adjustment of military and civil law.

195. —(1) If a person sentenced by a Court-Martial in pursuance of this Act to punishment for an offence is afterwards tried by a Civil Court for the same offence, that Court shall, in awarding punishment, have regard to the military punishment he may have already undergone.

(2) Save as aforesaid, nothing in this Act shall exempt an officer or soldier from being proceeded against by the ordinary course of law, when accused or convicted of any offence, except such an offence as is declared not to be a crime for the purpose of the provisions of this Act relating to taking a soldier out of the service.

(3) If an officer—

(a) Neglects or refuses on application to deliver over to the civil magistrate any officer or soldier under his command who is so accused or convicted as aforesaid; or

(b) Wilfully obstructs or neglects or refuses to assist constables or other ministers of justice in apprehending any such officer or soldier,

such officer shall, on conviction in any Superior Court, be guilty of a misdemeanour.

(4) A certificate of a conviction of an officer under this Section, with the judgment of the Court thereon in such form as may be directed by the Minister, shall be transmitted to the Minister.