Search Legislation

Armed Forces Act 1986 (repealed)

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Paragraph 5

 Help about opening options

Version Superseded: 28/03/2009

Alternative versions:

Status:

Point in time view as at 01/01/1992.

Changes to legislation:

There are currently no known outstanding effects for the Armed Forces Act 1986 (repealed), Paragraph 5. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

5(1)The 1955 Acts and the 1957 Act shall have effect in relation to the making of a custodial order at any time after the coming into force of this paragraph with the following amendments (being amendments which enable a period of detention under a custodial order to run consecutively with another such period and, except where the order is made under either of the 1955 Acts by a Standing Civilian Court, to exceed two years.U.K.

(2)For subsection (5) of section 71AA of each of the 1955 Acts there shall be substituted the following subsection—

(5)The following provisions of this Act shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of imprisonment, that is to say—

(a)sections 71(3) and (4), 118(1), 118A(1) and (3), 119A(3) and 145; and

(b)for the period before a person sentenced under a custodial order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received), sections 119(2), (4) and (5), 122, 123, 129, 142 and 190B;

and, accordingly, references in those provisions to a sentence of imprisonment shall include for the purposes of this subsection references to a sentence under a custodial order.

(3)For sub-paragraph (5A) of paragraph 10 of Schedule 5A to each of the 1955 Acts there shall be substituted the following sub-paragraph—

(5A)The following provisions shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of imprisonment by the same court, that is to say—

(a)where the court is a court-martial, sections 118(1) and 118A(1) and (3) of this Act; and

(b)where the court is a Standing Civilian Court, section 8(2) of the Armed Forces Act 1976;

and, accordingly, references in those provisions to a sentence of imprisonment shall include for the purposes of this sub-paragraph references to a sentence under a custodial order.

(4)In sub-paragraph (5B) of each of the paragraphs amended by sub-paragraph (3) above, for the word “detention” there shall be substituted the word “ imprisonment ”.

(5)For subsection (5) of section 43AA of the 1957 Act there shall be substituted the following subsection—

(5)The following provisions of this Act shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of imprisonment, that is to say—

(a)sections 43(3) and (4), 85(1), 86(1) and (3), 89(3) and 92(1); and

(b)for the period before a person sentenced under a custodial order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received), sections 81, 82, 87, 88, 104, 119 and 130A;

and, accordingly, references in those provisions to a sentence of imprisonment shall include for the purposes of this subsection references to a sentence under a custodial order.

(6)For sub-paragraph (5A) of paragraph 10 of Schedule 4A to the 1957 Act there shall be substituted the following sub-paragraph—

(5A)The following provisions of this Act shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of imprisonment, that is to say—

(a)sections 85(1), 86(1) and (3) and 92(1); and

(b)for the period before a person sentenced under a custodial order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received), sections 81, 82, 87, 88, 104, 119 and 130A;

and, accordingly, references in those provisions to a sentence of imprisonment shall include for the purposes of this sub-paragraph references to a sentence under a custodial order.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources