The court martial may not try a person for a criminal offence1 if the act constituting the offence amounts to an offence under the law of England and Wales for which a civilian court2 in England and Wales would on the ground of autrefois acquit or autrefois convict be debarred from trying him3.
The court martial may not try a person for a non-criminal service offence4 if any act5 constituting an element of the offence amounts to an offence under the law of England and Wales and a civilian court in England and Wales would on the ground of autrefois
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