Defence Forces (Temporary Provisions) Act, 1923
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Plea in bar. |
96.—In addition to a plea of “Not Guilty” an accused may enter any of the following special pleas in bar of trial:— | |
(1) Previous acquittal or conviction of the same offence by— | ||
(a) A competent Civil Court. | ||
(b) A competent Court-Martial. | ||
(c) Any officer in due exercise of his powers under this Act, subject however, to the provisions of Section 89 (3) of this Act. | ||
(2) Pardon of the offence by the Minister. | ||
(3) Save in cases of mutiny, desertion or fraudulent enlistment the expiration at the date on which the trial commences of a period of more than three years from the date at which the offence is alleged to have been committed. | ||
(4) Where the offence is one against the ordinary law, which by ordinary law must be prosecuted within a specific period of the date of commission of the offence, lapse of the specific period. |