C1Part 12Service and Effect of Certain Sentences

Annotations:
Modifications etc. (not altering text)
C1

Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)

Service of sentence

I1I2302Remission of certain sentences on passing of custodial sentence etc

1

Any unserved part of any relevant sentence passed on a person is remitted by—

a

the passing on him of a custodial sentence in respect of a service offence; or

b

the passing on him by a civilian court in the British Islands of a sentence of imprisonment or a sentence corresponding to any other custodial sentence.

2

In subsection (1) “relevant sentence” means—

a

a sentence of service detention;

b

a service supervision and punishment order; or

c

a minor punishment.

3

Subsection (1) applies in relation to—

a

the making of an order under section 214 (detention for commission of offence during currency of order),

b

the making of an order under section 104 of the Sentencing Act (detention of offender subject to detention and training order for breach of supervision requirements), or

c

the making by a civilian court in the British Islands of an order corresponding to an order within paragraph (a) or (b),

as it applies in relation to the passing of a sentence mentioned in subsection (1)(a).

4

For the purposes of subsection (1), a suspended sentence of imprisonment or a sentence corresponding to such a sentence is to be treated as passed when an order that the sentence shall take effect is made.