Section 143
Section 143
Subject to section 144, where an offence under this Act triable by court-martial has been committed, or is reasonably suspected of having been committed, by any person whilst subject to service law under this Act, then in relation to that offence he shall be treated, for the purposes of this Act relating to arrest, keeping in custody, investigation of charges, trial and punishment by court-martial
(including confirmation, review, reconsideration and suspension) and
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execution of sentences, as continuing subject to service law notwithstanding his ceasing at any time to be subject thereto.
(2)
Where, while a person is in service custody by virtue of this section (whether before, during or after trial) he commits, or is reasonably suspected of having committed, an offence which, if he were subject to service law under this Act, would be an offence under this Act triable by court-martial, then in relation to that offence or suspected offence he shall be treated, for the purposes of the provisions of this Act mentioned in the foregoing subsection and the provisions thereof as to the summary dealing with charges, as having been subject to service law under this Act when the offence was committed or is suspected of having been committed and continuing subject thereto thereafter.
(3)
Where, by virtue of either of the two foregoing subsections, a person is treated as being at any time subject to service law under this
Act for the purpose of any provision of this Act, that provision shall apply to him—
(a)
if he holds any service rank, as to a person having that rank; or
(b)
otherwise as to a person having the rank which he had when last actually subject to service law under this Act or any written law repealed by this Act:
Provided that as respects any time after he has been sentenced for the offence in question and the sentence has been confirmed the said provision shall apply to him (in any case) as to a serviceman.
(4)
Where, apart from this subsection, any provision of this Act would, under the last foregoing subsection, apply to a person, in relation to different ranks, it shall apply to him as to a person having the lower or lowest of those ranks.
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