Defence (Amendment) Act 2007

Amendment of section 121 of Principal Act (modification of Part V in its application to civilians subject to military law).

13.— The following section is substituted for section 121 of the Principal Act:

“Modification of Part V in its application to civilians subject to military law.

121.— In the application of this Part to persons who do not belong to the Defence Forces, the following modifications shall be made:

(a) where an offence against military law has been committed by any person subject to military law who does not belong to the Defence Forces and the person is remanded for trial by court-martial under this Act, that person may be tried by such class of court-martial as the Director directs and, on conviction, dealt with and punished accordingly;

(b) any person subject to military law who does not belong to the Defence Forces shall, for the purpose of this Part, be deemed to be under the command of the prescribed officer, and that person, subject to the right to elect to be tried by court-martial pursuant to section 177B or 178B, as appropriate, may, with the prior consent of the Director, be dealt with summarily and punished under Chapter IV of this Part, according to whether the person is subject to military law as an officer or as a man.”.