Cap. 220 Art. 131Limitation of time for trial of offences under military law.

(1) No person shall be tried by court-martial for any offence, other than one against article 44 or 45 or desertion, unless the trial is begun within three years after the commission of the offence, there being disregarded any time during which he was a prisoner of war and any time during which he was illegally absent: Provided that -

(a) in the case of an offence against article 75 where proceedings for the corresponding civil offence must, by virtue of any enactment, be brought within a limited time, that limit of time shall apply to the trial of the offence under the said article 75 in substitution for the foregoing provisions of this sub-article;

(b) subject to any such limit of time as is mentioned in the last foregoing paragraph, a person may be tried by court-martial for a civil offence notwithstanding that it was committed more than three years before the beginning of the trial, if the Attorney General consents to the trial.

(2) Where a person who has committed an offence of desertion, other than desertion on active service, has since the offence served as a member of the regular force continuously in an exemplary manner for not less than three years, he shall not be tried for that offence.

(3) A person shall not be triable by virtue of sub-article (1) of the last foregoing article unless his trial is begun within three months after he ceases to be subject to military law or the trial is for a civil offence and the Attorney General consents to the trial: Provided that this sub-article shall not apply to an offence against article 44 or 45 or desertion.

(4) A person shall not be arrested or kept in custody by virtue of sub-article (1) of the last foregoing article for an offence at any time after he has ceased to be triable for the offence.

Relations between military law and civil courts and finality of trials