Army Act 1955 (repealed)

Commencement, suspension and duration of sentencesF14 U.K.

Textual Amendments applied to the whole legislation

F14 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

118 Commencement of sentences. U.K.

(1) A military sentence of imprisonment or detention F1 shall, subject to the [F2 following provisions of this Part of this Act and to][F3 section 11(2) of the M1 Courts-Martial (Appeals) Act 1968] (which empowers the Court in certain cases to direct that a sentence shall begin to run from the dayon which the Court dismisses an application for leave to appeal), begin to run from the beginning of theday on which sentence was originally pronounced by the court-martial trying the offender or, as the casemay be, was originally awarded by his commanding officer.

(2) A sentence of imprisonment or detention passed by a court-martial on a warrant officer, non-commissionedofficer or soldier which is suspended in pursuance of section one hundred and twenty of this Act before hehas been committed to prison or a military establishment shall not begin to run until the beginning of theday on which the suspension is determined:

Provided that where the sentence is suspended by the confirming officer and the reviewing authoritydetermines the suspension, the reviewing authority may direct that the sentence shall run from such earlierdate, not earlier than the day on which sentence was originally pronounced by the court-martial, as thereviewing authority may specify.

Textual Amendments

F1 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F2 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(4)

F3 Words substituted by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 4

Modifications etc. (not altering text)

C1 S. 118 excluded by Armed Forces Act 1976 (c. 52), Sch. 3 para. 18(7)

Marginal Citations

M1 1968 c. 20.

Yn ddilys o 02/10/2000

[F4 118ZA Commencement of sentence of detention awarded by commanding officer. U.K.

(1) Subject to the following provisions of this Part of this Act, subsections (2) to (4) below apply to a sentence of detention awarded by the offender’s commanding officer.

(2) If the offender so elects at the time of the award, his sentence shall begin to run from the day on which it is awarded.

(3) If the offender does not make an election under subsection (2) above or, having made such an election, withdraws it during the appeal period, his sentence or, in the case of withdrawal, the remainder of his sentence shall be suspended by virtue of this subsection—

(a) until the end of the appeal period, or

(b) where an appeal is brought within the appeal period, until the determination of the appeal.

(4) Where an appeal is brought—

(a) within the appeal period, by an offender who has made an election under subsection (2) above which has not been withdrawn, or

(b) after the end of the appeal period, by any offender,

the remainder of his sentence shall be suspended by virtue of this subsection until the determination of the appeal.

(5) In this section “the appeal period” means the period within which an appeal may be brought under section 83ZE(2) of this Act.]

Textual Amendments

F4 S. 118ZA inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 9; S.I. 2000/2366, art. 2 (with Sch. para. 13)

[F5 118A Consecutive terms of imprisonment and detention. U.K.

(1) Where any person who is serving a sentence of imprisonment, whether passed under this Act or otherwise,is awarded a military sentence of imprisonment, or where a person who is awarded a military sentence ofimprisonment is further sentenced to imprisonment under section 57(2) of this Act, the court-martial by whomthe subsequent or further sentence is awarded may order that that sentence shall begin to run from theexpiry of the first-mentioned sentence.

(2) Where any person who is serving a military sentence of detention, or a sentence of detention passed onhim under the M2 Air Force Act 1955 or the M3 Naval Discipline Act 1957,is found guilty under this Act of another offence for which he is awarded a military sentence of detention,or where a person who is awarded a military sentence of detention is further sentenced to detention undersection 57(2) of this Act, the court-martial or officer by whom the subsequent or further sentence isawarded may order that that sentence shall begin to run from the expiry of the first-mentioned sentence.

(3) Where a person is convicted by a general court-martial or a field general court-martial of two or moreoffences against section 70 of this Act consisting in the commission of a civil offence for which a civilcourt in England could award imprisonment, the court-martial may by its sentence award, for any of the saidoffences, a term of imprisonment which is to run from the expiry of a term awarded by that sentence for anyother of those offences.]

Textual Amendments

F5 S. 118A inserted by Armed Forces Act 1971 (c. 33), ss. 39(1), 78(4)

Marginal Citations

M2 1955 c. 19.

M3 1957 c. 53.

119 Duration of sentences of imprisonment and detention. U.K.

(1) Where a warrant officer, non-commissioned officer or soldier has been sentenced to imprisonment ordetention by a court-martial, and the sentence is suspended [F6 in pursuance of section 120 of this Act] after he has been committed to prison or a military establishment, the currency of the sentence shallbe suspended from the beginning of the day after the day on which he is released in accordance with [F6 the provisions of the said section 120] until the beginning of the day on which the suspension is determined.

(2) Where any person serving a military sentence of imprisonment or detention becomes unlawfully at largeduring the currency of the sentence, then, in calculating the period for which he is liable to be imprisonedor detained in pursuance of the sentence, no account shall be taken of time elapsing during the periodbeginning with the day on which he became at large and ending with the day on which, as a person havingbecome unlawfully at large, he is taken into naval, military or air force custody or the custody of a civilauthority or (not having been taken into such custody) returns to the place in which he was imprisoned ordetained before he became unlawfully at large:

Provided that if he satisfies such authority as may be specified in that behalf by or underImprisonment and Detention Rules that during any time during the last-mentioned period he was—

(a) in the custody of a civil authority, or

(b) if and in so far as Imprisonment and Detention Rules so provide, in the custody of any military, navalor air-force authority of any country or territory outside the United Kingdom as respects which arrangementshave been made under section one hundred and twenty-six of this Act,

the last-mentioned time shall not be disregarded in calculating the period for which he is liable tobe imprisoned or detained in pursuance of the military sentence.

(3) In the last foregoing subsection the expression “civil authority” means a civilauthority (whether of the United Kingdom or of any country or territory outside the United Kingdom)authorised by law to detain persons, and includes a constable.

(4) Without prejudice to subsection (2) of this section, where any person serving a military sentence ofimprisonment or detention has in accordance with Imprisonment and Detention Rules been temporarily releasedon compassionate grounds, then, in calculating the period for which he is liable to be imprisoned ordetained in pursuance of the sentence, no account shall be taken of time elapsing during the periodbeginning with the day after that on which he is released and ending with the day on which he is requiredto return to custody.

(5) A person who for any period is released as mentioned in the last foregoing subsection or who isotherwise allowed, in pursuance of Imprisonment and Detention Rules, out of any military establishment orotherwise out of military custody for any period or subject to any condition shall, on failure to returnat the expiration of the period or to comply with the condition, be treated for the purposes of subsection(2) of this section as being unlawfully at large.

(6) A person serving a military sentence of imprisonment or detention in civil custody who, after beingtemporarily released under civil law, is at large at any time during the period for which he is liable tobe detained in civil custody in pursuance of his sentence shall be deemed to be unlawfully at large if theperiod for which he was temporarily released has expired or if an order recalling him has been made inpursuance of civil law.

(7) References in the last foregoing subsection to release or recall under civil law are references torelease or recall in pursuance of rules made under subsection (5) of section forty-seven of the M4 Prison Act 1952, subsection (6) of section thirty-five of the M5 Prisons(Scotland) Act 1952, or paragraph (c) of subsection (1) of section thirteen of the M6 Prisons Act (Northern Ireland) 1953, or (in the case of a person serving his sentence outsidethe United Kingdom) in pursuance of any corresponding provision of the law of the country or territory inwhich he is serving his sentence.

Textual Amendments

F6 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para.1(5)

Marginal Citations

M4 1952c. 52.

M5 1952 c. 61.

M6 1953 c. 18(N.I.)

[F7 119A Limitation of total period of sentences of detention. U.K.

(1) Notwithstanding anything in this Part of this Act, no offender shall be kept continuously in detentionfor a period exceeding two years in pursuance of two or more sentences of detention.

(2) Subsection (1) above shall not affect the validity of any order or direction under this Part of thisAct that a sentence of detention shall begin to run from the expiry of another such sentence; but so muchof any term of detention to which any such order or direction relates as would prolong the total term ofdetention beyond two years shall be remitted by virtue of the order or direction.

(3) Where any person who has been sentenced by a court-martial (whether under this Act, the M7 Air Force Act 1955 or the M8 Naval Discipline Act 1957) to detention issubsequently sentenced by a court-martial under this Act to imprisonment, any part of the sentence ofdetention which has not been served shall thereupon be remitted by virtue of this subsection.]

Textual Amendments

F7 S. 119A inserted by Armed Forces Act 1971 (c. 33), ss. 40, 78(4)

Marginal Citations

M7 1955 c.19.

M8 1957 c. 53.

120 Suspension of sentences. U.K.

(1) The following provisions of this section shall have effect as respects the suspension of a sentence ofimprisonment or detention passed by a court-martial on a warrant officer, non-commissioned officer orsoldier.

(2) Without prejudice to subsection (5) of section one hundred and ten of this Act, in confirming such asentence the confirming officer may order that the sentence shall be suspended.

(3) Any such sentence which is not for the time being suspended may, on the review F8 of the sentence, be suspended by order of the authority reviewing F8 the sentence.

(4) The suspension of any such sentence may (without prejudice to its again being suspended) be determinedon the review F8 of the sentence by an order of the said authority committing the personsentenced to imprisonment or detention, as the case may be.

(5) Where, while any such sentence is suspended, the person sentenced is sentenced by court-martial toimprisonment or detention for a fresh offence then (unless the balance of the earlier sentence is remittedby virtue of [F9 section 119A(3)] of this Act)—

(a) the court may determine the suspension of the earlier sentence by an order committing the personsentenced to imprisonment or detention, as the case may be, and if so the court shall direct whether thetwo sentences are to run concurrently or consecutively;

(b) if the court does not exercise the powers conferred by the last foregoing paragraph, the confirmingofficer may exercise those powers on the confirmation of the later sentence;

(c) if neither the court nor the confirming officer exercises the said powers, a reviewing authority mayexercise those powers on the review of the later sentence;

(d) where the said powers are exercised (whether by the court, the confirming officer or a reviewingauthority), any power of suspension or remission exercisable in relation to the later sentence shall beexercisable also in relation to the earlier sentence:

F10 (6) Without prejudice to the further suspension of the earlier sentence, an order under the last foregoingsubsection directing that the suspension of that sentence shall be determined shall not be affected by thelater sentence not being confirmed or by its being quashed.

(7) Where the sentence of a person in custody is suspended, he shall thereupon be released [F11 and a sentence which has been suspended shall, unless the suspension has been soonerdetermined, be remitted by virtue of this subsection at the expiry of one year from the date on which thesuspension took effect].

(8)F12

Textual Amendments

F8 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

F9 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(6)

F10 Proviso repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F11 Words added by Armed Forces Act 1971 (c. 33), s. 54(2)

F12 Ss. 120(8), 152(3), and 153(2) repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

Yn ddilys o 01/04/1997

[F13 120A Postponement of sentences. U.K.

(1) On passing any sentence a court-martial may order that the sentence shall not have effect until the end of the period specified in the order.

(2) On reviewing a sentence under section 113 of this Act, the reviewing authority may—

(a) if the sentence has not had effect, order that the sentence shall not have effect until the end of the period specified in the order;

(b) if the sentence has had effect, order that the sentence shall cease to have effect on the making of the order until the end of the period specified in the order.

(3) On exercising any power under section 113AA of this Act to pass or substitute a sentence, the reviewing authority may order that the sentence shall not have effect until the end of the period specified in the order.

(4) The Defence Council or any officer authorised by them may terminate the period specified in an order under this section or extend such a period for a further period specified by them.

(5) On the termination of such a period the sentence in respect of which the order in question was made shall have effect or (in the case of an order under subsection (2)(b) above) resume effect.

(6) Nothing in this section shall be taken to prevent section 118(1) of this Act from applying in relation to an air-force sentence of imprisonment or detention.]

Textual Amendments

F13 S. 120A inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 9(1); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)