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Armed Forces Act 1971

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This is the original version (as it was originally enacted).

40Detention for army and air-force offences: limitation of total period

The following provision (being one which re-enacts the existing law with minor modifications, and corresponds to section 89 of the [1957 c. 53.] Naval Discipline Act 1957) shall be inserted in the [1955 c. 18.] Army Act 1955 after section 119, and also (but modified for that purpose by the substitution of " the Army Act 1955 " for " the Air Force Act 1955 " in subsection (3)) in the [1955 c. 19.] Air Force Act 1955 after section 119:—

119ALimitation of total period of sentences of detention.

(1)Notwithstanding anything in this Part of this Act, no offender shall be kept continuously in detention for 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 this Act that a sentence of detention shall begin to run from the expiry of another such sentence; but so much of any term of detention to which any such order or direction relates as would prolong the total term of detention 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 Air Force Act 1955 or the Naval Discipline Act 1957) to detention is subsequently sentenced by a court-martial under this Act to imprisonment, any part of the sentence of detention which has not been served shall thereupon be remitted by virtue of this subsection.

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