Armed Forces Act 2006

290 Commencement of term of service detention awarded by CO U.K.

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(4) An election under subsection (2) may be withdrawn at any time until the end of the appeal period.

(5) If an election is withdrawn, the remainder of the award ceases to have effect from the beginning of the day of withdrawal and resumes effect—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

Commencement Information

I1 S. 290 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. 290 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4