Defence Act, 1954

Offences and convictions under the Act of 1923.

300.—(1) Where before the operative date a court-martial has been convened under the Act of 1923 for the trial of an accused, such trial may be carried on and the accused may be sentenced and punished in the same manner in all respects as if this Act had not come into operation and as if the Act of 1923 were a permanent Act.

(2) Subject to subsection (1) of this section, every offence committed before the operative date against the Act of 1923 may be tried and punished in like manner as if it had been committed against this Act, so however that a person shall not be subject to any greater punishment for such offence than he is subject to immediately before the operative date.

(3) This Act shall apply to the conviction of a person tried under the Act of 1923 as if he had been convicted under this Act, and every sentence imposed and every award of punishment made under the Act of 1923 may, on and after the operative date, be carried into effect in the same manner in all respects as if it had been imposed or made under this Act.

(4) Every person who is under the Act of 1923 in military custody immediately before the operative date shall be deemed to have been taken into service custody under this Act.