Where a person has been convicted or acquitted1 of a service offence2 or has had a service offence taken into consideration3 when being sentenced, the Court Martial4 may not try that person for an offence if that offence is: (1) the same offence in law as the earlier offence; (2) an offence all of whose elements are elements of the earlier offence; or (3) an offence of which he could have been convicted as an alternative5 to the earlier offence by either the Court Martial or the Service Civilian Court6, and the alleged facts
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