Jurisdiction of civil courts

(1) Where a person subject to military law67 (a) has been tried for an offence by court martial; or (b) has been charged with an offence under this Act and has had the charge dealt with summarily by his or her commanding officer, a civil court shall be debarred from trying him subsequently for an offence substantially the same as that offence; but except as aforesaid nothing in this Act shall be construed as restricting the jurisdiction of any civil court to try a person subject to this Act for an offence. (2) For the purposes of this section– (a) a person shall not be deemed to have been tried by a court martial if confirmation is withheld of a finding by the court martial that he is guilty of the offence; (b) a case shall be deemed to have been dealt with summarily by the commanding officer notwithstanding that the finding of that officer has been quashed, or the award of that officer quashed or varied, on the review thereof.