Armed Forces Act 2006
2006 CHAPTER 52
Commentary
First Group of Parts – Discipline
Part 9 – Sentencing: Principles and Procedures
Chapter 1 – Principles and Procedures applying to Service Courts and Summary Hearings
Service detention and custodial sentences
Section 245: Section 244: supplementary
486.This section supplements section 244. Subsection (2) provides that where an offender has been released from a sentence of service detention, the sentence does not count towards the two-year maximum.
487.Subsection (3) ensures that a suspended sentence of detention does not count for the purposes of the two-year limit unless it has been activated under section 191 or 193.
488.Subsection (4) ensures that a sentence of detention passed by a CO counts for the purposes of the two-year limit even if the offender is not currently in custody because of the rules in section 290 or 291 (which allow him to delay starting the sentence until he has had a chance to appeal).
489.Subsection (5) ensures that, where a person has been detained continuously under two or more sentences of detention (because one was made consecutive to another, or they were concurrent but one was for a longer period than another), both or all of those sentences count for the purposes of the two-year limit.
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