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

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CHAPTER 1Interpretation

Suspended sentences

93.  (1)  References in this Part to a sentence which is for the time being suspended are to a sentence which—

(a)on a date not more than one year ago (“the suspension date”) was suspended under section 120(2) or (3) of AA 1955 or AFA 1955 or section 90(1) or (2) of NDA 1957; and

(b)has not been activated since that date.

(2) For the purposes of paragraph (1)(b)

(a)a sentence of imprisonment is activated if an order in respect of it is made under section 120(5) of AA 1955 or AFA 1955, section 91(1) of NDA 1957 or article 94; and

(b)an SDA sentence of service detention is activated if an order in respect of it is made under section 120(5) of AA 1955 or AFA 1955, section 91(1) or 91B(1) of NDA 1957 or (by virtue of any of articles 95 to 97) section 191(3) or 193(3) of AFA 2006.

(3) In paragraph (1)(a) the reference to suspension under section 90(1) of NDA 1957 includes suspension after commencement by virtue of article 55.

(4) In paragraph (2)(b) the reference to an order under section 91B(1) of NDA 1957 includes such an order made after commencement by virtue of article 55 or 62.

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