Air Force Act 1955 (repealed)

120 Suspension of sentences. U.K.

(1) The following provisions of this section shall have effect as respects the suspension of a sentence of imprisonment or detention passed by a court-martial on a warrant officer, non-commissioned officer or airman.

(2) Without prejudice to subsection (5)

of section one hundred and ten of this Act, in confirming such a sentence the confirming officer may order that the sentence shall be suspended.

(3) Any such sentence which is not for the time being suspended may, on the review F1 of the sentence, be suspended by order of the authority reviewing F1 the sentence.

(4) The suspension of any such sentence may (without prejudice to its again being suspended) be determined on the review F1 of the sentence by an order of the said authority committing the person sentenced to imprisonment or detention, as the case may be.

(5) Where, while any such sentence is suspended, the person sentenced is sentenced by court-martial to imprisonment or detention for a fresh offence then (unless the balance of the earlier sentence is remitted by virtue of [F2 section 119A (3)] of this Act)—

(a) the court may determine the suspension of the earlier sentence by an order committing the person sentenced to imprisonment or detention, as the case may be, and if so the court shall direct whether the two sentences are to run concurrently or consecutively;

(b) if the court does not exercise the powers conferred by the last foregoing paragraph, the confirming officer may exercise those powers on the confirmation of the later sentence;

(c) if neither the court nor the confirming officer exercises the said powers, a reviewing authority may exercise those powers on the review of the later sentence;

(d) where the said powers are exercised (whether by the court, the confirming officer or a reviewing authority), any power of suspension or remission exercisable in relation to the later sentence shall be exercisable also in relation to the earlier sentence:

F3 (6) Without prejudice to the further suspension of the earlier sentence, an order under the last foregoing subsection directing that the suspension of that sentence shall be determined shall not be affected by the later sentence not being confirmed or by its being quashed.

(7) Where the sentence of a person in custody is suspended, he shall thereupon be released [F4 and a sentence which has been suspended shall, unless the suspension has been sooner determined, be remitted by virtue of this subsection at the expiry of one year from the date on which the suspension took effect].

(8)F5

Textual Amendments

F1 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

F2 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(6)

F3 Proviso repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F4 Words added by Armed Forces Act 1971 (c. 33), s. 54(2)

F5 Ss. 120(8), 152(3), 153(2) repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II