The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

Commencement of consecutive SDA sentence of service detention awarded by CO before commencement U.K.

140.—(1) This article applies where—

(a) before commencement, an officer awarded an SDA sentence of service detention (“the subsequent sentence”);

(b) the officer made an order under section 118A(2) of AA 1955 or AFA 1955 or section 86(2) of NDA 1957 that the subsequent sentence should begin to run from the expiry of a sentence of detention which the offender was already serving (“the initial sentence”); and

(c) immediately before commencement, the initial sentence had not expired.

(2) Section 291(3) to (9) of AFA 2006 apply as if—

(a) both the initial sentence and the subsequent sentence were sentences of service detention awarded under section 132 of that Act;

(b) the order were a direction under section 189(3) of that Act that the subsequent sentence should take effect from the end of the initial sentence;

(c) any election made under section 118ZA(2) of AA 1955 or AFA 1955 or section 85A(2) of NDA 1957, or failure to make such an election, were an election or (as the case may be) failure to make an election under section 291(2) of AFA 2006; and

(d) any withdrawal of an election under section 118ZA(3) of AA 1955 or AFA 1955 or section 85A(4) of NDA 1957, or failure to make such a withdrawal, were a withdrawal under section 291(3) of AFA 2006 or (as the case may be) a failure to make such a withdrawal.