Armed Forces Act 2006 (c. 52)

Part 12 U.K. Service and Effect of Certain Sentences

Modifications etc. (not altering text)

C1 Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)

Service of sentence U.K.

297 Detention in service custody following passing of custodial sentence etc U.K.

(1) Where—

(a) a custodial sentence has been passed on a person in respect of a service offence, or

(b) an order under section 214 (detention for commission of offence during currency of order) has been made in respect of a person,

the person may be detained in service custody until he is committed to the appropriate establishment.

(2) For the purposes of subsection (1), a suspended sentence of imprisonment is to be treated as passed when an order that the sentence shall take effect is made.

(3) A person in service custody under subsection (1) is deemed to be in legal custody.

Commencement Information

I1 S. 297 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 297 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4