302Remission of certain sentences on passing of custodial sentence etcU.K.
(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 [F1paragraph 3 of Schedule 12 to the Sentencing Code] (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.
Textual Amendments
F1Words in s. 302(3)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 74 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Commencement Information
I1S. 302 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)
I2S. 302 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4