s 63 Service proceedings barring subsequent service proceedings
(1) This section applies where a person— (a) has been convicted or acquitted of a service offence; or (b) has had a service offence taken into consideration when being sentenced; and in this section “ offence A ” means the offence mentioned in paragraph (a) or (b). (2) The Court Martial may not try that person for an offence (“offence B”) if— (a) offence B is the same offence in law as offence A, or subsection (3) applies; and (b) the alleged facts on which the charge in respect of offence B is based are the same, or substantially the same, as those on which the charge in respect of offence A was based. (3) This subsection applies if— (a) the person was convicted of offence A, or offence A was taken into consideration, and offence B is an offence all of whose elements are elements of offence A; (b) the person was acquitted of offence A and offence B is an offence whose elements include all the elements of offence A; or (c) the person was convicted or acquitted of offence A by the Court Martial or the Service Civilian Court and offence B is an offence of which under section 161 (alternative offences) he could have been convicted on acquittal of offence A. (4) Where offence A is an offence taken into consideration which was not charged, the reference in subsection (2)(b) to the facts on which the charge in respect of offence A was based is to be read as a reference to the facts on which a charge in respect of offence A would have been based. (5) Where by reason of this section a person cannot be tried by the Court Martial for an offence— (a) the Service Civilian Court may not try him for that offence; and (b) a charge against him in respect of that offence may not be heard summarily by an officer.