Jurisdiction on ex-officers and soldiers

(1) Subject to the provisions of section 101, where an offence under this Act triable by court martial has been committed, or is reasonably suspected of having been committed, by a person while subject to military law, then in relation to that offence he shall be treated, for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation of charges, trial and punishment by court martial (including confirmation and revision) and execution of sentences, as continuing subject to military law notwithstanding his ceasing at any time to be subject thereto. (2) Where, while a person is in military custody by virtue of this section (whether before, during or after trial), he commits, or is reasonably suspected of having committed, an offence which if he were subject to military law would be an offence under this Act triable by court martial, then in relation to that offence or suspected offence he shall be treated, for the purposes of the provisions of the Act mentioned in sub-section (1) and the provisions thereof as to the summary dealing with charges, as having been subject to military law when the offence was committed or is suspected of having been committed and as continuing subject to military law thereafter. (3) Where by virtue of subs-ection (1) or (2), a person is treated as being at any time subject to military law for the purpose of any provision of this Act, that provision shall apply to him– (a) if he holds any military rank, as to a person having that rank; (b) otherwise, as to a person having the rank which he had when last actually subject to Provided that as respects any time after he has been sentenced for the offence in question and the sentence has been confirmed, the said provision shall apply to him (in any case), as to a private (4) Where apart from this sub-section any provision of this Act would under sub-section (3), apply to a person, in relation to different offences, as to a person having different ranks, it shall apply to him as to a person having the lower or lowest of those ranks.