Air Force Act 1955 (repealed)

120 Suspension of sentences.F10 F11 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) [F1 On passing such a sentence, the court] may order that the sentence shall be suspended.

[F2 (3) On the review of a sentence which is not for the time being suspended, the reviewing authority may order that the balance of the sentence be suspended.]

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (5) Where, while a sentence is suspended under this section, the person sentenced commits a fresh offence and is convicted of that offence by a court-martial, then (unless the balance of the earlier sentence is remitted by virtue of section 119A(3) of this Act) the court may determine the suspension of the sentence by an order committing the person sentenced to imprisonment or detention, as the case may be.

(5A) Subsections (5B) to (5E) apply where a court-martial makes an order under subsection (5).

(5B) The court may direct that the sentence in respect of which the order is made shall begin to run from the end of another term of imprisonment or detention which—

(a) has been passed on the person on a previous occasion; or

(b) the court passes on him on the same occasion.

(5C) In subsection (5B) the reference to another term of imprisonment does not include a term from which the person has been released early under Part 2 of the Criminal Justice Act 1991 (c. 53) or Chapter 6 of Part 12 of the Criminal Justice Act 2003 (c. 44).

(5D) Subsection (5B) is subject to section 119A of this Act (limitation of total period of sentences of detention).

(5E) For the purposes of sections 113 and 113AA of this Act (review) and subsection (3) above, the order is to be treated as a sentence passed on the offender for the earlier offence.] 

(6) Without prejudice to the further suspension of the earlier sentence, [F5 an order under subsection (5)] shall not be affected by the later sentence F6 . . . being quashed.

(7) Where the sentence of a person in custody is suspended, he shall thereupon be released [F7 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].

[F8 (7A) Subsection (5) does not apply if the person was tried by court-martial for the fresh offence in pursuance of an election for court-martial trial.]

F9 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 120(2) substituted (1.4.1997) by 1996 c. 46, s. 35(1), Sch. 6 para. 4(1)(a); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F2 S. 120(3) substituted (1.4.1997) by 1996 c. 46, s. 35(1), Sch. 6 para. 4(1)(b); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F3 S. 120(4) omitted (18.7.2008) by virtue of The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 24(2)

F4 S. 120(5)-(5E) substituted for s. 120(5) (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 24(3) (with Sch. paras. 4, 5)

F5 Words in s. 120(6) substituted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 24(4)

F6 Words in s. 120(6) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F7 Words added by Armed Forces Act 1971 (c. 33), s. 54(2)

F8 S. 120(7A) inserted (15.10.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 25; S.I. 2007/2913, art. 2

F9 Ss. 120(8), 152(3), 153(2) repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

Textual Amendments applied to the whole legislation

F10 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

F11 Act repealed (1.1.2008 for the repeal of s. 180 only) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2007/2913, art. 3 (with art. 4(1)(2))