Section 168: Trial, etc., of offences although offender no longer subject to service law

(1) Subject to the provisions of section 169 of this Act. where an offence under this Act triable by a court-martial has been committed, or is reasonably suspected of having been committed, by a person while subject to service law under this Act, 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 charge, trial and punishment by a court-martial (including confirmation, review and reconsideration) and execution of sentences, as continuing to be subject to service law under this Act notwithstanding his ceasing at any time to be so subject.
(2) Where, while a person is in service custody by virtue of this section, whether before, during or after trial, and 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 a 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 subsection (1) of this section and the provisions of this Act relating to the summary dealing with charges, as having been subject to this Act when the offence was committed or is suspected of having been committed and as continuing to be so subject thereafter.
(3) Where by virtue of either subsection (1) or (2) of this section 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 rank, as to a person having that rank;
(b) otherwise as to a person having the rank which he had when he was last actually subject to service law under this Act,
but as respects any time after he has been sentenced for the offence in question and the sentence has been confirmed, that provision shall apply to him (in any case) as to a soldier, rating or an aircraftman.
(4) Where, apart from this section, a provision of this Act would under subsection (3) of this section apply to a person in relation to different offences, as to a person having two or more different ranks in the Armed Forces, it shall apply to him as to a person having the lower or lowest of those ranks, as the case may be.