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Armed Forces Act 2006

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This is the original version (as it was originally enacted).

301Duration of sentences: persons unlawfully at large or on temporary release
This section has no associated Explanatory Notes

(1)In calculating the period for which a person sentenced to service detention is liable to be detained, no account shall be taken of any period within subsection (3).

(2)In calculating the period for which a person on whom a custodial sentence has been passed in respect of a service offence is liable to be detained, no account shall be taken of any period within subsection (3) occurring before the person is committed to the appropriate establishment.

(3)The following periods are within this subsection—

(a)any period when the person is unlawfully at large;

(b)any period of temporary release on compassionate grounds (pursuant to rules under section 300).

(4)A person who has been temporarily released pursuant to rules under section 300 is unlawfully at large for the purposes of this section if—

(a)he was released subject to complying with a condition, and he fails to comply with the condition; or

(b)he is at large after the end of the period for which he was released.

(5)In this section—

  • “period when the person is unlawfully at large” means the period beginning with the day when he becomes unlawfully at large and ending with the day when he is taken back into custody (whether service or otherwise) or returns to the place at which he was serving his sentence;

  • “period of temporary release on compassionate grounds” means the period beginning with the day after the day when the person is released and ending with the day when he is required to return to custody (or, if earlier, the day when he returns to custody).

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