National Defence Act
Marginal note:Autrefois acquit and autrefois convict
66 (1) A person may not be tried or tried again in respect of an offence or any other substantially similar offence arising out of the facts that gave rise to the offence if, while subject to the Code of Service Discipline in respect of that offence, or if, while liable to be charged, dealt with and tried under the Code in respect of that offence, the person
(a) has been found not guilty by a service tribunal, civil court or court of a foreign state on a charge of having committed that offence; or
(b) has been found guilty by a service tribunal, civil court or court of a foreign state on a charge of having committed that offence and has been punished in accordance with the sentence.
(2) Nothing in subsection (1) affects the validity of a new trial held pursuant to section 249.11 or 249.16 or a new trial directed by a court having jurisdiction to do so.
Marginal note:Effect of other offences admitted at previous trial
(3) A person who under section 194 has been sentenced in respect of a service offence admitted by that person may not be tried by a service tribunal or a civil court in respect of that offence.
- R.S., 1985, c. N-5, s. 66
- R.S., 1985, c. 31 (1st Supp.), s. 45
- 1998, c. 35, s. 20
- Date modified: