Defence Forces (Temporary Provisions) Act, 1923

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.