Armed Forces Act 2006

312 Decisions of court under section 309: making and effect U.K.

(1) Nothing in—

(a) section 149 (findings etc of the SAC), or

(b) section 160 (findings etc of the Court Martial),

applies in relation to a decision of the Summary Appeal Court or the Court Martial under any of sections 309 to 311.

(2) Any such decision is to be taken by the judge advocate.

(3) Where the Court Martial or the Service Civilian Court commits a person to service custody under section 309, it may direct that the committal shall take effect from the end of any sentence of service detention—

(a) that has been passed on the person on a previous occasion; or

(b) (in the case of the Court Martial) that the court passes on the person on the same occasion.

(4) Where the Summary Appeal Court commits a person to service custody under section 309 it may direct that the committal shall take effect from the end of any sentence of service detention that has been passed on the person on a previous occasion.

(5) A court imposing a fine under section 309 may make an order under section 251 (power to allow payment by instalments), and in relation to such a fine section 251(2) to (7) have effect as if any reference to a service compensation order were omitted.

(6) In the provisions mentioned in subsection (7)—

(a) any reference to a sentence of service detention includes a reference to a committal to service custody under section 309; and

(b) references to persons sentenced to service detention are to be read accordingly.

(7) Those provisions are—

• section 294 (rank or rate while in custody pursuant to sentence);

• section 296 (prohibition of detention in a prison, etc);

• section 300 (service custody etc rules);

• section 301 (duration of sentences: persons unlawfully at large);

• section 302 (remission on passing of custodial sentence);

• section 303 (arrest by service police of persons unlawfully at large);

• section 318 (arrest by civilian police of persons unlawfully at large).

Commencement Information

I1 S. 312 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. 312 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4