← belizelaw.ai · Defence, Cap. 135 · PART IV — Discipline, Trial and Punishment of the Officers and Soldiers
Limitation of time for trial of offences under the Act
Cap. 135, s. 101 · Revised Edition 2020
(1) No person shall be tried by court martial for any offence, other than one against section 36 or 37, or desertion,
unless the trial is begun within three years after the commission of the offence, there being disregarded any time during which he was a prisoner of war and any time during which he was illegally absent,
66 Provided,
(a) in the case of an offence against section 67,
where proceedings for the corresponding civil offence must, by virtue of any enactment, be brought within a limited time, that limit of time shall apply to the trial of the offence under section 67, in substitution for the foregoing provisions of this sub-section;
(b) subject to any such limit of time as is mentioned in paragraph (a), a person may be tried by court martial for a civil offence committed outside Belize notwithstanding that it was committed more than three years before the beginning of the trial, if the Director of Public Prosecutions consents to the trial.
(2) Where a person who has committed an offence of desertion, other than desertion on active service, has since the offence served as a member of the regular force continuously in an exemplary manner for not less than three years, he shall not be tried for the offence.
(3) A person shall not be triable by virtue of section 100 (1),
unless his or her trial is begun within three months after he ceases to be subject to military law or the trial is for a civil offence committed outside Belize and the Director of Public Prosecutions consents to the trial.
(4) A person shall not be arrested or kept in custody by virtue of section 100 (1), for an offence at any time after he has ceased to be triable for the offence,
Provided that this sub-section shall not apply to an offence against section 36 or 37, or to desertion.
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