The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

Commencement of SDA sentence of service detention awarded by CO after commencement

142.—(1) Section 290 of AFA 2006 (commencement of term of service detention awarded by CO) applies where an officer—

(a) awards an SDA sentence of service detention by virtue of article 55 (award of SDA punishment for offence found proved before commencement);

(b) in the case of a sentence under NDA 1957, does not make an order under section 90(1) of that Act suspending the sentence; and

(c) does not order under section 118A(2) of AA 1955 or AFA 1955, or section 86(2) of NDA 1957, that the sentence shall begin to run from the expiry of another sentence.

(2) Section 291 of AFA 2006 (commencement of consecutive term of service detention awarded by CO) applies where an officer—

(a) awards an SDA sentence of service detention by virtue of article 55; and

(b) orders under section 118A(2) of AA 1955 or AFA 1955, or section 86(2) of NDA 1957, that the sentence shall begin to run from the expiry of another sentence.

(3) In section 291 of AFA 2006 as applied by paragraph (2)—

“the initial sentence” means the second sentence mentioned in paragraph (2)(b);

“the appeal period” means the period mentioned in section 141(2) of AFA 2006 for the bringing of an appeal against the award mentioned in paragraph (2)(a).