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Armed Forces Act 2006
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- s. 1-350 Coming into force by S.I. 2009/812 art. 3(a)(b)
- s. 246 modified by S.I. 2009/1059 art. 106(1)
- s. 246 modified (temp.) by S.I. 2009/1059 Sch. 2 para. 13
- s. 246 modified by 1968 c. 20 Sch. 1 para. 4 (as substituted) by 2006 c. 52 Sch. 8 para. 54
- s. 246(6)(a) word omitted by 2012 c. 10 Sch. 13 para. 2(3)(a)
- s. 246(6)(b) words inserted by 2012 c. 10 Sch. 22 para. 32(a)
- s. 246(6)(b) words inserted by 2012 c. 10 Sch. 22 para. 32(b)
- s. 246(6)(c) and word inserted by 2012 c. 10 Sch. 13 para. 2(3)(b)
- specified provision(s) transitional provisions for effects of commencing SI 2009/812 by S.I. 2009/1059 Order
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
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- Act continued by S.I. 2007/2123 art. 2
- Act continued by S.I. 2008/1780 art. 2
- Act continued by S.I. 2010/2475 art. 2
- Act continued by S.I. 2012/1750 art. 1
- Act continued until 8.11.2009 by S.I. 2009/1752 art. 2
- Act expires 8.11.2007 by 2006 c. 52 s. 382
- Act expires on 3.11.2012 by virtue of s. 382 of the Act (as substituted) (subject to power to continue in s. 382(2)) by 2011 c. 18 s. 1
- Act modified by S.I. 2009/1059 Sch. 2 para. 18
- Act modified in part by S.I. 2009/826 reg. 3(1)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 16A inserted by 2011 c. 18 s. 2
- Ch. 3A inserted by 2011 c. 18 s. 11(1)
- Ch. 4A inserted by 2011 c. 18 s. 4
- s. 20A inserted by 2011 c. 18 s. 10
- s. 115A and cross-heading inserted by 2011 c. 18 s. 3
- s. 130A inserted by 2011 c. 18 Sch. 3 para. 9
- s. 135A inserted by 2011 c. 18 Sch. 3 para. 11
- s. 194A inserted by 2011 c. 18 Sch. 3 para. 16
- s. 218A inserted by 2012 c. 10 Sch. 22 para. 2
- s. 219A inserted by 2012 c. 10 Sch. 22 para. 5
- s. 221A inserted by 2012 c. 10 Sch. 22 para. 9
- s. 227A inserted by 2012 c. 10 Sch. 26 para. 24
- s. 232A-232G and cross-heading inserted by 2011 c. 18 s. 17(1)
- s. 246(2)-(2C) substituted for s. 246(2)-(5) by 2012 c. 10 Sch. 13 para. 2(2)
- s. 269A-269C inserted by 2011 c. 18 s. 16(1)
- s. 270A 270B inserted by 2008 c. 4 Sch. 25 para. 27
- s. 270A inserted by 2011 c. 18 Sch. 3 para. 20(2)
- s. 270A(d) inserted by 2013 c. 3 Sch. para. 31
- s. 270B(6)(a) word repealed by 2009 c. 25 Sch. 17 para. 9(2) Sch. 23 Pt. 5
- s. 270B(6)(aa) inserted by 2009 c. 25 Sch. 17 para. 9(2)
- s. 270B(10) word repealed by 2009 c. 25 Sch. 23 Pt. 5
- s. 270B(10)(a) words inserted by 2009 c. 25 Sch. 17 para. 9(3)(a)
- s. 270B(10)(b) words substituted by 2009 c. 25 Sch. 17 para. 9(3)(b)
- s. 270B(10)(c)-(e) inserted by 2009 c. 25 Sch. 17 para. 9(3)(c)
- s. 276A 276B inserted by 2008 c. 4 Sch. 25 para. 30
- s. 336A inserted by 2011 c. 18 s. 20(7)
- s. 365A and cross-heading inserted by 2011 c. 18 s. 5
- s. 371A and cross-heading inserted by 2011 c. 18 s. 23(1)
- Sch. 16. para. 136 Coming into force by S.I. 2007/2913 art. 3
- Sch. 3A inserted by 2011 c. 18 s. 14(2) Sch. 1
Commencement Orders yet to be applied to the Armed Forces Act 2006:
Commencement Orders
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2007/1442 art. 2 commences (2006 c. 52)
- S.I. 2007/2913 art. 2 3 commences (2006 c. 52)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/3001 art. 2 commences (2007 c. 21)
- S.I. 2008/1900 art. 2 commences (2007 c. 12)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
- S.I. 2009/803 art. 1(2) 10 commences (2008 c. 17)
- S.I. 2009/1028 art. 2 commences (2008 c. 4)
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1842 art. 2 commences (2008 c. 4)
- S.I. 2009/2606 art. 2 3 commences (2008 c. 4)
- S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
- S.I. 2010/862 art. 3 commences (2008 c. 17)
- S.I. 2010/1858 art. 2 3 commences (2009 c. 25)
- S.I. 2011/1418 art. 2 commences (2010 c. 23)
- S.I. 2012/1319 art. 2(4) commences (2012 c. 7)
- S.I. 2012/1432 art. 2 commences (2012 c. 4)
246Crediting of time in service custody: terms of imprisonment and detentionE+W+S+N.I.
This section has no associated Explanatory Notes
(1)This section applies where—
(a)a court or officer sentences an offender to a term of imprisonment or service detention in respect of a service offence (“the offence in question”); and
(b)the offender has been kept in service custody, in connection with the offence in question or any related offence, for any period since being charged with the offence in question or any related offence.
(2)The court must direct that the number of days for which the offender has been kept in service custody in connection with the offence in question or any related offence since being so charged is to count as time served by him as part of the sentence.
(3)Subsection (2) does not apply if and to the extent that—
(a)rules made by the Secretary of State so provide in the case of—
(i)a period of service custody which is wholly or partly concurrent with a sentence of imprisonment or service detention; or
(ii)sentences of imprisonment or service detention for consecutive terms or for terms which are wholly or partly concurrent; or
(b)it is in the opinion of the court just in all the circumstances not to give a direction under that subsection.
(4)Where the court gives a direction under subsection (2) it must state in open court—
(a)the number of days for which the offender was kept in service custody as mentioned in that subsection; and
(b)the number of days in relation to which the direction is given.
(5)Where the court does not give a direction under subsection (2), or gives such a direction in relation to a number of days less than that for which the offender was kept in service custody as mentioned in that subsection, it must state in open court—
(a)that its decision is in accordance with rules made under paragraph (a) of subsection (3); or
(b)that it is of the opinion mentioned in paragraph (b) of that subsection and what the circumstances are.
(6)This section applies to—
(a)a determinate sentence of detention under section 209, and
(b)a sentence of detention under section 228 of the 2003 Act passed as a result of section 222 of this Act,
as it applies to an equivalent sentence of imprisonment.
(7)References in this section to “the court” are to the court or officer mentioned in subsection (1).
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