{
  "url": "https://openlegislation.uk/armed-forces-act-2006/section-63",
  "json_url": "https://openlegislation.uk/armed-forces-act-2006/section-63.json",
  "legislation": "ukpga/2006/52",
  "legislation_title": "Armed Forces Act 2006",
  "legislation_url": "https://openlegislation.uk/armed-forces-act-2006",
  "path": "section/63",
  "kind": "section",
  "number": "63",
  "heading": "Service proceedings barring subsequent service proceedings",
  "text": "(1) This section applies where a person—\n(a) has been convicted or acquitted of a service offence; or\n(b) has had a service offence taken into consideration when being sentenced;\nand in this section “offence A” means the offence mentioned in paragraph (a) or (b).\n(2) The Court Martial may not try that person for an offence (“offence B”) if—\n(a) offence B is the same offence in law as offence A, or subsection (3) applies; and\n(b) the alleged facts on which the charge in respect of offence B is based are the same, or substantially the same, as those on which the charge in respect of offence A was based.\n(3) This subsection applies if—\n(a) the person was convicted of offence A, or offence A was taken into consideration, and offence B is an offence all of whose elements are elements of offence A;\n(b) the person was acquitted of offence A and offence B is an offence whose elements include all the elements of offence A; or\n(c) the person was convicted or acquitted of offence A by the Court Martial or the Service Civilian Court and offence B is an offence of which under section 161 (alternative offences) he could have been convicted on acquittal of offence A.\n(4) Where offence A is an offence taken into consideration which was not charged, the reference in subsection (2)(b) to the facts on which the charge in respect of offence A was based is to be read as a reference to the facts on which a charge in respect of offence A would have been based.\n(5) Where by reason of this section a person cannot be tried by the Court Martial for an offence—\n(a) the Service Civilian Court may not try him for that offence; and\n(b) a charge against him in respect of that offence may not be heard summarily by an officer.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 63 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 63 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2006/52/section/63",
    "retrieved_at": "2026-10-29T09:13:24.063324+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}