Defence Forces (Temporary Provisions) Act, 1923

Restriction on jurisdiction of Courts-Martial.

89.—(1) Where a person subject to military law has been acquitted or convicted of an offence by Court-Martial he shall not be liable to be tried again by a Court-Martial in respect of that offence.

(2) Where a person subject to military law has been acquitted or convicted of an offence by a competent Civil Court he shall not be liable to be tried again by Court-Martial in respect of that offence.

(3) A person subject to military law shall not be liable to be tried by Court-Martial for any offence which shall have been summarily dealt with in accordance with the provisions of this Act:

Provided always that the Adjutant-General may, notwithstanding that a charge may have been dismissed or punishment awarded in respect of same, for reasons which to him seem sufficient, direct such person to be tried by Court-Martial.

(4) A person subject to military law shall not in pursuance of this Act be tried or punished for any offence triable by Court-Martial committed more than three years before the date on which his trial begins, except in the case of mutiny, desertion or fraudulent enlistment; but this Section shall not affect the jurisdiction of a Civil Court in the case of an offence triable by such Court, as well as by Court-Martial.