Armed Forces Act 1986

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.

(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 [1976 c. 52.] 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 43 AA 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.”