131.

Trial and punishment of offences under military law notwithstanding offender ceasing to be subject tomilitary law.

— (1) Subject to the provisions of the next following section, where an offence under this Act triable bycourt-martial has been committed, or is reasonably suspected of having been committed, by any person while subject to military law, then in relation to that offence he shall be treated, for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation of charges, [F1 summary dealing with charges] [ F2 (including appeals against findings recorded, or punishments awarded, on summary dealing)]trial and punishment by court-martial (including F3 . . ., review, F4 . . . and suspension) and execution of sentences as continuing subject to military law notwithstanding his ceasing at any time to be subject thereto.(2) Where, while a person is in military or air-force 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 military law 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 last foregoing subsection F5 , as having been subject to military law when the offence was committed or is suspected of having been committed and as continuing subject to military law thereafter.(3) Where by virtue of either of the two last foregoing subsections a person is treated as being at any time subject to military law for the purpose of any provision of this Act, that provision shall apply tohim—

(a)

if he holds any military rank, as to a person having that rank;

(b)

if he holds any naval or air-force rank or rating, as to a person having the corresponding military rank;

(c)

otherwise as to a person having the rank which he had when last actually subject to military law:

Provided that as respects any time after he has been sentenced for the offence in question F6 . . .the said provision shall apply to him (in any case) as to a soldier.

(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 offences, as to a person having different ranks, it shall apply to him as to a person having the lower or lowest of those ranks.