108. Person not to be tried twice

Subject to the provisions of this Act, where a person subject to military law has been acquitted or convicted of an offence by a subordinate military court or has had his or her conviction quashed by the Military Court of Appeal or the Armed Forces Council, the person shall not be liable to be tried again by a subordinate military court or any civil court or a disciplinary officer in respect of that offence or for any offence based on the same facts.

Where a person subject to military law has been acquitted or convicted of an offence by a disciplinary officer, he or she shall not be liable to be tried again by a subordinate military court or a disciplinary officer in respect of that offence or for any offence based on the same facts but the person may be tried for the same offence or for an offence based on the same facts by a civil court which must in awarding punishment have regard to any military punishment the person may already have undergone as a result of his or her conviction by a disciplinary officer.

Where a person subject to military law has been acquitted or convicted of an offence by a competent civil court, he or she shall not be liable to be tried in respect of that offence by a subordinate military court or a disciplinary officer.