Armed Forces Act 2006

Commencement of sentence

289 Commencement of sentences of the Court Martial and Service Civilian Court

(1) A sentence passed by the Court Martial or the Service Civilian Court takes effect from the beginning of the day on which it is passed.

(2) Subsection (1) does not apply to—

(a) a suspended sentence of imprisonment or service detention; or

(b) a sentence passed by the Court Martial on appeal from the Service Civilian Court.

(3) Subsection (1) is subject to any power conferred by or under any Act (including this Act) to direct that a sentence shall take effect otherwise than as mentioned in subsection (1).

290 Commencement of term of service detention awarded by CO

(1) This section applies where an officer—

(a) awards a term of service detention (other than a suspended sentence of service detention); and

(b) does not make a direction under section 189(3) in respect of the award (consecutive sentences of service detention).

(2) If the offender so elects at the time of the award, the award takes effect from the beginning of the day on which the award is made.

(3) If no election is made under subsection (2), the award—

(a) takes effect from the end of the appeal period (unless an appeal is brought within that period);

(b) if an appeal is brought within that period, takes effect from the beginning of the day when the appeal is abandoned or determined.

(4) An election under subsection (2) may be withdrawn at any time until the end of the appeal period.

(5) If an election is withdrawn, the remainder of the award ceases to have effect from the beginning of the day of withdrawal and resumes effect—

(a) from the end of the appeal period (unless an appeal is brought within that period);

(b) if an appeal is brought within that period, from the beginning of the day when the appeal is abandoned or determined.

(6) If an award takes or resumes effect under subsection (2), (3)(a) or (5)(a) and an appeal is subsequently brought, the remainder of the award—

(a) ceases to have effect from the beginning of the day when the appeal is brought; and

(b) resumes effect from the beginning of the day when the appeal is abandoned or determined.

(7) In this section “appeal period” means the period mentioned in section 141(2) for the bringing of an appeal.

(8) Nothing in subsection (3)(b), (5)(b) or (6)(b) applies where the appeal is determined and, on that determination, the award is quashed or another punishment is substituted for it.

291 Commencement of consecutive term of service detention awarded by CO

(1) This section applies where an officer—

(a) awards a term of service detention; and

(b) directs under section 189(3) that the award shall take effect from the end of another sentence of service detention (“the initial sentence”).

(2) The offender may at the time of the award make an election under this subsection.

(3) Such an election may be withdrawn at any time until the end of the appeal period.

(4) If the offender—

(a) makes an election under subsection (2), and

(b) does not withdraw the election, or bring an appeal, before the end of the initial sentence,

the award takes effect from the end of the initial sentence.

(5) If subsection (4) does not apply, the award—

(a) takes effect from the end of the initial sentence or (if later) the end of the appeal period (unless an appeal is brought before that time);

(b) if an appeal is brought before the end of the initial sentence or (if later) the end of the appeal period, takes effect from the end of the initial sentence or (if later) the beginning of the day when the appeal is abandoned or determined.

(6) If an election is withdrawn after the end of the initial sentence, the remainder of the award ceases to have effect from the beginning of the day of withdrawal and resumes effect—

(a) from the end of the appeal period (unless an appeal is brought within that period);

(b) if an appeal is brought within that period, from the beginning of the day when the appeal is abandoned or determined.

(7) If an award takes or resumes effect under subsection (4), (5)(a) or (6)(a) and an appeal is subsequently brought, the remainder of the award—

(a) ceases to have effect from the beginning of the day when the appeal is brought; and

(b) resumes effect from the beginning of the day when the appeal is abandoned or determined.

(8) In this section “appeal period” means the period mentioned in section 141(2) for the bringing of an appeal against the award mentioned in subsection (1)(a) above.

(9) Nothing in subsection (5)(b), (6)(b) or (7)(b) applies where the appeal is determined and, on that determination, the award is quashed or another punishment is substituted for it.

292 Commencement of suspended sentence activated by CO

(1) This section applies where an officer makes an order (“the activation order”) under section 193(3) (activation of suspended award of service detention).

(2) If the activation order does not provide that the suspended sentence shall take effect from the end of another sentence, section 290(2) to (8) apply, but with the following modifications—

(a) the reference in subsection (2) to the time of the award is to be read as to the time when the activation order is made;

(b) the reference in subsection (2) to the day on which the award is made is to be read as to the day on which the activation order is made;

(c) any other reference to “the award” in subsections (2) to (7) is to the award of service detention to which the activation order relates (with any modification of its term made by the activation order);

(d) the reference in subsection (7) to an appeal is to an appeal against the activation order; and

(e) in subsection (8)—

(i) the reference to the award is to be read as to the activation order; and

(ii) the reference to another punishment is to be read as to another order under section 193(3).

(3) If the activation order provides that the suspended sentence shall take effect from the end of another sentence (“the initial sentence”), section 291(2) to (9) apply, but with the following modifications—

(a) the reference in subsection (2) to the time of the award is to be read as to the time when the activation order is made;

(b) any reference to “the initial sentence” is to the initial sentence as defined by this subsection;

(c) any reference to “the award” in subsections (4) to (7) is to the award of service detention to which the activation order relates (with any modification of its term made by the activation order);

(d) the reference in subsection (8) to the award mentioned in section 291(1)(a) is to be read as to the activation order; and

(e) in subsection (9)—

(i) the reference to the award is to be read as to the activation order; and

(ii) the reference to another punishment is to be read as to another order under section 193(3).