Armed Forces Act 2006 (c. 52)

Part 9 U.K. Sentencing: Principles and Procedures

Modifications etc. (not altering text)

C1 Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163

Chapter 1 U.K. Principles and Procedures applying to Service Courts and Summary Hearings

Service detention and custodial sentences U.K.

247 Crediting of time in service custody: supplementary U.K.

(1) For the purposes of section 246(1) offences are related if the charges for them were founded on the same facts or evidence.

(2) It is immaterial for the purposes of section 246(1) whether the offender has also been kept in service custody in connection with other offences [F1 (but see section 246(2B))]F2 ....

[F3 (2A) The reference in section 246(2A) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes—

(a) detention pursuant to any custodial sentence;

(b) committal in default of payment of any sum of money;

(c) committal for want of sufficient distress to satisfy any sum of money;

(d) committal for failure to do or abstain from doing anything required to be done or left undone.]

(3) For the purposes of section 246 a suspended sentence of imprisonment or a suspended sentence of service detention—

(a) is to be treated as a sentence of imprisonment or (as the case may be) service detention when an order that it shall take effect is made; and

(b) is to be treated as being imposed by that order.

(4) Subsections (5) to (7) apply for the purposes of [F4 the references in section 246(2) and (2B)] to the term of imprisonment or detention to which a person has been sentenced (that is to say, the reference to his “sentence”).

(5) Consecutive terms of service detention, and terms of service detention which are wholly or partly concurrent, are to be treated as a single term.

(6) Consecutive relevant custodial terms, and relevant custodial terms which are wholly or partly concurrent, are to be treated as a single term if—

(a) the sentences were passed on the same occasion; or

(b) where they were passed on different occasions, the person has not been released under Chapter 6 of Part 12 of the 2003 Act at any time during the period beginning with the first and ending with the last of those occasions.

(7) For the purposes of subsection (6) [F5 a sentence within any of paragraphs (a) to (c)] of section 188(4) is a relevant custodial term.

Textual Amendments

F1 Words in s. 247(2) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 13 para. 3(2)(a); S.I. 2012/2906, art. 2(k)

F2 Words in s. 247(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 13 para. 3(2)(b); S.I. 2012/2906, art. 2(k)

F3 S. 247(2A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 13 para. 3(3); S.I. 2012/2906, art. 2(k)

F4 Words in s. 247(4) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 13 para. 3(4); S.I. 2012/2906, art. 2(k)

F5 Words in s. 247(7) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 56 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C2 S. 247 modified by 1968 c. 20, Sch. 1 para. 4 (as substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 54; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

Commencement Information

I1 S. 247 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 247 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4