Exemption from prosecution under the Act

(1) Where a person subject to military law under this Act, (a) has been tried for an offence by a civil court or (b) has been charged with an offence under military law, and has had the charge dismissed, or has been found guilty on the charge by his or her commanding officer; or (c) has had an offence condoned by his or her 68 he or she shall not be liable in respect of that offence to be tried by court martial or to have the case dealt with summarily by his or her commanding officer. (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 or she 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; (c) an offence shall be deemed to have been condoned by the commanding officer of a person alleged to have committed the offence if, and only if, that officer or any officer authorised by him to act in relation to the alleged offence has with knowledge of all relevant circumstances informed him that he will not be charged therewith; (d) a person ordered under section 53 (2), to be imprisoned or to undergo detention for an offence against that section shall be deemed to have been tried by court martial for that (3) Where confirmation of a finding of guilty of an offence is withheld, the accused shall not be tried again by court martial for that offence unless the convening order for the later trial is issued not later than twenty-eight days after the promulgation of the decision to withhold confirmation. 69 (4) Save as provided in the foregoing provisions of this section, proceedings for an offence against this Act (whether before a commanding officer or before a court martial) shall not be barred on the ground of condonation.