Defence (Amendment) Act 2007

Amendment of section 185 of Principal Act (acquittal or conviction to bar subsequent trial by court-martial).

35.— Section 185 of the Principal Act is amended—

(a) by substituting the following for subsection (1):

“(1) Where a person subject to military law has been acquitted of an offence by a court-martial, he shall not be liable to be tried again by a court-martial in respect of that offence.”,

and

(b) by inserting the following after subsection (1):

“(1A) Where a person subject to military law has been convicted of an offence by a court-martial, he shall not be liable to be tried again by a court-martial in respect of that offence unless the conviction has been quashed and a re-trial ordered by the Courts-Martial Appeal Court pursuant to the Criminal Procedure Act 1993 .”.