21Person may not be tried under this Act and under the civil law in respect of same act or omission

1. Where under this Act a person—

2. has been charged with an offence before the Court Martial and has been acquitted or convicted of the offence; or
3. has been charged with an offence before a disciplinary officer and the charge was, on investigation, dismissed, or he was acquitted or found guilty of the offence; or
4. has had an offence taken into consideration by the Court Martial in sentencing him for another offence—
he shall not subsequently be charged before a civil court with having committed any offence that is substantially the same as the offence of which he was acquitted, convicted, or found guilty or that is substantially the same as the offence contained in the charge that was dismissed, or that is substantially the same as the offence taken into consideration, as the case may be.

5. Except as provided in subsection (1), nothing in this Act shall restrict the jurisdiction of a civil court to try a charge alleging that a person subject to this Act has committed an offence against any Act other than this Act.

6. Subsection (4) applies if, whether in New Zealand or elsewhere, a person—

7. has been acquitted or convicted by a competent court of ordinary criminal jurisdiction, or by a court-martial or other military tribunal of the armed forces of another State, of an offence against a law in force in the country or place in which that court, court-martial, or tribunal has jurisdiction; or
8. has had an offence taken into consideration by that court, court-martial, or tribunal in sentencing him or her for another offence; or
9. has been found by that court, court-martial, or tribunal to be unfit to stand trial in relation to an offence and the proceedings against that person in the course of which the finding was made have been stayed.

10. The person must not subsequently be charged before the Court Martial or before a disciplinary officer with an offence against this Act that is substantially the same as—

11. the offence of which he or she was acquitted or convicted; or
12. the offence that was taken into consideration; or
13. the offence that was the subject of the stayed proceedings.

14. For the purposes of this section,—

15. a reference to an offence that is substantially the same as another offence is a reference to an offence of which the accused could have been convicted, under this Act or otherwise, on the same facts:
16. a reference to a person having been convicted by the Court Martial includes a reference to a person in respect of whom that court found the charge proved but did not convict him or her:
17. a reference to a person having been convicted by a competent court of ordinary criminal jurisdiction or by a court-martial or other military tribunal of the armed forces of another State includes a reference to a person in respect of whom that court, court-martial, or tribunal found the charge proved but did not convict him or her:
18. a person must not be considered to have had an offence taken into consideration if the sentence passed on him or her is subsequently quashed, or if the decision to take the offence into consideration has been annulled by an appellate court:
19. a person is deemed to have been found guilty of an offence by a disciplinary officer even if the finding made by that officer has been quashed or the punishment imposed and any order made by the officer was quashed or varied on appeal.