Section 144
Limitation of time for trial of offences under service law
No person shall be tried by court-martial for any offence, other than one against section 47, 48, 61, 77, 88 or desertion unless the convening order is issued and served on him within three years after the commission of the offence, there being disregarded any time which he was a prisoner of war, any time during which he was illegally absent, or any period with effect from the date of filing of proceedings for judicial review in the High Court to the date of final disposal of those proceedings:
Provided that—
(a)
in the case of an offence against section 88 where proceedings for the corresponding civil offence must, by virtue of any written law, be brought within a limited time, that limit of time shall apply to the trial of the offence under the said section in substitution for the foregoing provisions of this subsection;
(b)
subject to any such limit of time as is, mentioned in the foregoing paragraph, a person may be tried by court-martial for a civil offence committed outside Malaysia notwithstanding that it was committed more than three years before the beginning of the trial, if the Public
Prosecutor 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 forces 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 subsection 143(1)
unless his trial is begun within three months after he ceases to be subject to service law, or the trial is for a civil offence committed outside Malaysia and the Public Prosecutor consents to the trial:
Provided that this subsection shall not apply to an offence against section 47 or 48 or desertion.
132 Laws of Malaysia ACT 77
(4)
A person shall not be arrested or kept in custody by virtue of subsection 143(1) for an offence at any time after he has ceased to be triable for that offence.
(5)
In this section, “judicial review” includes proceedings instituted by way of—
(a)
an application for any of the prerogative orders of mandamus, prohibition or certiorari;
(b)
an application for a declaration or an injunction;
(c)
a writ of habeas corpus; or
(d)
any other suit, action or other legal proceedings relating to or arising out of any act done or decision made by the court-martial or the convening authority in accordance with this Act.
Relations between Service Law and Civil Courts and
Finality of Trials