Defence Act, 1954

Jurisdiction of courts-martial.

192.—(1) Subject to the provisions of this Act, a court-martial, whether general or limited, shall have jurisdiction to try and punish any person for an offence against military law committed by such person while subject to military law as an officer or a man.

(2) A limited court-martial shall not have jurisdiction—

(a) to try any person for any offence against military law committed by such person while subject to military law as an officer, or

(b) to try any person who is for the time being an officer, or

(c) to try any person for the offence of treason or murder, or

(d) to award to any person any sentence greater than imprisonment.

(3) A court-martial shall not have jurisdiction to try any person subject to military law for the offence of treason, murder, manslaughter or rape unless such offence was committed while such person was on active service.

(4) (a) The Minister, with the concurrence of the Minister for Justice, may make regulations with regard to the exercise of the jurisdiction conferred on courts-martial by section 169 and may in particular by the regulations provide that the exercise of such jurisdiction shall depend on the consent of such civil authority as may be specified in the regulations.

(b) A certificate under the hand of the officer convening a court-martial for the trial of a civil offence certifying that as respects such trial the consent referred to in paragraph (a) of this subsection has been obtained shall be prima facie evidence of that fact.