Section 108Prohibition of second trial

s. 108

108. Prohibition of second trial (1) Where a person subject to this Ordinance is acquitted or convicted of an offence on trial by a naval tribunal, a criminal Court or a naval tribunal shall be debarred from trying him subsequently for the same offence. (2) Where a person subject to this Ordinance is acquitted or convicted of any offence on trial by a criminal Court, he shall not subsequently be tried under this Ordinance for the same offence; and no person so convicted shall, by reason of such conviction, be subjected to any loss or forfeiture of seniority or of [rank], of privilege in respect of leave, or of pay or service (other than pay and service in respect of time spent in civil custody pending trial, or while attending his trial, or while serving any sentence of imprisonment, awarded by the criminal Court): Provided that nothing in this sub-section shall affect the power to discharge any person from the naval service as a person whose services are no longer required.

1. 39. The word “rank” was substituted for the word “rate” by section 3(g) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).