(1) Where a person has been tried for an offence by a service tribunal of a country in relation to which section 8 applies in the exercise of the powers referred to in subsection ( 1) of that section, he or she shall not be tried by a court for an offence that is substantially the same offence.
(2) Where a person who has been convicted of an offence by a service tribunal of such a country in the exercise of those powers is convicted by a court of a different offence, but it appears to the court that the conviction by the service tribunal was wholly or partly in respect of acts or omissions in respect of which he or she is convicted by the court, the court may, in determining any penalty that may be imposed or order that may be made, have regard to the sentence of the service tribunal.