C1Part 12Service and Effect of Certain Sentences
Commencement of sentence
I1I30289Commencement of sentences of the Court Martial and Service Civilian Court
1
A sentence passed by the Court Martial or the Service Civilian Court takes effect from the beginning of the day on which it is passed.
2
Subsection (1) does not apply to—
a
a suspended sentence of imprisonment or service detention; or
b
a sentence passed by the Court Martial on appeal from the Service Civilian Court.
3
Subsection (1) is subject to any power conferred by or under any Act (including this Act) to direct that a sentence shall take effect otherwise than as mentioned in subsection (1).
I2I17290Commencement of term of service detention awarded by CO
1
This section applies where an officer—
a
awards a term of service detention (other than a suspended sentence of service detention); and
b
does not make a direction under section 189(3) in respect of the award (consecutive sentences of service detention).
2
If the offender so elects at the time of the award, the award takes effect from the beginning of the day on which the award is made.
3
If no election is made under subsection (2), the award—
a
takes effect from the end of the appeal period (unless an appeal is brought within that period);
b
if an appeal is brought within that period, takes effect from the beginning of the day when the appeal is abandoned or determined.
4
An election under subsection (2) may be withdrawn at any time until the end of the appeal period.
5
If an election is withdrawn, the remainder of the award ceases to have effect from the beginning of the day of withdrawal and resumes effect—
a
from the end of the appeal period (unless an appeal is brought within that period);
b
if an appeal is brought within that period, from the beginning of the day when the appeal is abandoned or determined.
6
If an award takes or resumes effect under subsection (2), (3)(a) or (5)(a) and an appeal is subsequently brought, the remainder of the award—
a
ceases to have effect from the beginning of the day when the appeal is brought; and
b
resumes effect from the beginning of the day when the appeal is abandoned or determined.
7
In this section “appeal period” means the period mentioned in section 141(2) for the bringing of an appeal.
8
Nothing in subsection (3)(b), (5)(b) or (6)(b) applies where the appeal is determined and, on that determination, the award is quashed or another punishment is substituted for it.
I3I18291Commencement of consecutive term of service detention awarded by CO
1
This section applies where an officer—
a
awards a term of service detention; and
b
directs under section 189(3) that the award shall take effect from the end of another sentence of service detention (“the initial sentence”).
2
The offender may at the time of the award make an election under this subsection.
3
Such an election may be withdrawn at any time until the end of the appeal period.
4
If the offender—
a
makes an election under subsection (2), and
b
does not withdraw the election, or bring an appeal, before the end of the initial sentence,
the award takes effect from the end of the initial sentence.
5
If subsection (4) does not apply, the award—
a
takes effect from the end of the initial sentence or (if later) the end of the appeal period (unless an appeal is brought before that time);
b
if an appeal is brought before the end of the initial sentence or (if later) the end of the appeal period, takes effect from the end of the initial sentence or (if later) the beginning of the day when the appeal is abandoned or determined.
6
If an election is withdrawn after the end of the initial sentence, the remainder of the award ceases to have effect from the beginning of the day of withdrawal and resumes effect—
a
from the end of the appeal period (unless an appeal is brought within that period);
b
if an appeal is brought within that period, from the beginning of the day when the appeal is abandoned or determined.
7
If an award takes or resumes effect under subsection (4), (5)(a) or (6)(a) and an appeal is subsequently brought, the remainder of the award—
a
ceases to have effect from the beginning of the day when the appeal is brought; and
b
resumes effect from the beginning of the day when the appeal is abandoned or determined.
8
In this section “appeal period” means the period mentioned in section 141(2) for the bringing of an appeal against the award mentioned in subsection (1)(a) above.
9
Nothing in subsection (5)(b), (6)(b) or (7)(b) applies where the appeal is determined and, on that determination, the award is quashed or another punishment is substituted for it.
I4I19292Commencement of suspended sentence activated by CO
1
This section applies where an officer makes an order (“the activation order”) under section 193(3) (activation of suspended award of service detention).
2
If the activation order does not provide that the suspended sentence shall take effect from the end of another sentence, section 290(2) to (8) apply, but with the following modifications—
a
the reference in subsection (2) to the time of the award is to be read as to the time when the activation order is made;
b
the reference in subsection (2) to the day on which the award is made is to be read as to the day on which the activation order is made;
c
any other reference to “the award” in subsections (2) to (7) is to the award of service detention to which the activation order relates (with any modification of its term made by the activation order);
d
the reference in subsection (7) to an appeal is to an appeal against the activation order; and
e
in subsection (8)—
i
the reference to the award is to be read as to the activation order; and
ii
the reference to another punishment is to be read as to another order under section 193(3).
3
If the activation order provides that the suspended sentence shall take effect from the end of another sentence (“the initial sentence”), section 291(2) to (9) apply, but with the following modifications—
a
the reference in subsection (2) to the time of the award is to be read as to the time when the activation order is made;
b
any reference to “the initial sentence” is to the initial sentence as defined by this subsection;
c
any reference to “the award” in subsections (4) to (7) is to the award of service detention to which the activation order relates (with any modification of its term made by the activation order);
d
the reference in subsection (8) to the award mentioned in section 291(1)(a) is to be read as to the activation order; and
e
in subsection (9)—
i
the reference to the award is to be read as to the activation order; and
ii
the reference to another punishment is to be read as to another order under section 193(3).
Effect of custodial sentence or detention on rank or rate
F1293Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention
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I5I20294Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc
1
While a warrant officer or non-commissioned officer is in custody in pursuance of a sentence or order to which this section applies, he is for all purposes to be treated as being—
a
if he is a member of any of Her Majesty's air forces, of the highest rank he has held in that force as an airman;
b
otherwise, of the rank or rate of able rate, marine or soldier (as the case may be).
2
The sentences to which this section applies are—
a
a custodial sentence passed in respect of a service offence;
b
a sentence of service detention;
c
a sentence of imprisonment, or a sentence corresponding to any other custodial sentence, passed by a civilian court in the British Islands.
3
The orders to which this section applies are—
a
an order under section 214 (detention for commission of offence during currency of order);
b
an order under section 104 of the Sentencing Act (detention of offender subject to detention and training order for breach of supervision requirements);
c
an order made by a civilian court in the British Islands corresponding to an order within paragraph (a) or (b).
Effect of dismissal
I6I21C2295Effect of sentence of dismissal
1
This section applies where a sentence of dismissal or dismissal with disgrace is passed on an offender.
2
If the offender is a commissioned officer, his commission is forfeit with effect from the beginning of the day on which the sentence is passed.
3
If the offender is not a commissioned officer, the competent authority must discharge him from the regular or reserve force of which he is a member.
4
If the offender is a warrant officer or non-commissioned officer, his rank or rate is reduced from the beginning of the day on which the sentence is passed—
a
if he is a member of any of Her Majesty's air forces, to the highest rank he has held in that force as an airman;
b
otherwise, to able rate, marine or soldier (as the case may be).
5
Nothing in subsection (3) requires the offender to be discharged before he is released from any sentence of service detention—
a
which is passed on him on the same occasion as the sentence mentioned in subsection (1); or
b
to which he is subject when that sentence is passed.
Service of sentence
I7I22296Service detention
1
A person sentenced to service detention—
a
may be detained in service custody; but
b
may not be detained in a prison.
2
Subsection (1)(a) does not apply if—
a
the sentence has not taken effect; or
b
the sentence has ceased to have effect by virtue of section 290 or 291 and has not resumed effect.
3
A person detained in service custody in pursuance of a sentence of service detention is deemed to be in legal custody.
I8I23297Detention in service custody following passing of custodial sentence etc
1
Where—
a
a custodial sentence has been passed on a person in respect of a service offence, or
b
an order under section 214 (detention for commission of offence during currency of order) has been made in respect of a person,
the person may be detained in service custody until he is committed to the appropriate establishment.
2
For the purposes of subsection (1), a suspended sentence of imprisonment is to be treated as passed when an order that the sentence shall take effect is made.
3
A person in service custody under subsection (1) is deemed to be in legal custody.
I9I24298Removal to England and Wales following passing of custodial sentence etc
1
If a person is outside England and Wales when—
a
a custodial sentence is passed on him in respect of a service offence, or
b
an order under section 214 (detention for commission of offence during currency of order) is made in respect of him,
he must as soon as practicable be removed to England and Wales.
2
For the purposes of subsection (1), a suspended sentence of imprisonment is to be treated as passed when an order that the sentence shall take effect is made.
I10I25C3299Duty to receive prisoners
The governor of a prison in England or Wales must—
a
receive any person who, in accordance with rules under section 300, has been sent to the prison; and
b
confine that person until he is lawfully discharged or delivered over.
I11I16300Service custody etc rules
1
The Secretary of State may make rules about service custody and the service of relevant sentences.
2
The rules may in particular contain provision about—
a
the provision, classification, regulation and management of service custody premises;
b
the appointment, powers and duties of inspectors and visitors of service custody premises and of persons who work at such premises;
c
the classification, treatment, employment, discipline and control of persons in service custody;
d
the places in which persons may be required to serve sentences of service detention;
e
the removal of persons serving relevant sentences from one place or type of custody to another;
f
the committal of persons under relevant sentences to the appropriate establishment;
g
the circumstances in which persons serving relevant sentences who are unlawfully at large are to be treated as not being unlawfully at large;
h
the release (including the temporary or early release) of persons serving sentences of service detention.
3
The rules may confer on any person—
a
a power to use reasonable force where necessary for the purpose of carrying out a search of service custody premises or of a person in service custody;
b
a power to seize and detain unauthorised property (as defined by the rules).
4
The rules may contain provision in respect of the award of additional days to a person guilty of a disciplinary offence created by the rules.
5
The rules may provide for the determination of any matter by a judge advocate, and may contain provision for and in connection with appeals against such determinations.
6
The rules may apply (with or without modifications), in relation to service custody premises and persons detained there, any of—
a
sections 39 to 42 of the Prison Act 1952 (c. 52) (offences by persons other than prisoners etc);
b
section 22(2) of the Criminal Justice Act 1961 (c. 39) (harbouring escaped prisoners etc).
7
In this section—
“relevant sentence” means—
- a
a custodial sentence passed in respect of a service offence;
- b
a sentence of service detention; or
- c
an order under section 214 (detention for commission of offence during currency of order);
- a
“service custody premises” means premises under the control of the Secretary of State for the keeping of persons in service custody.
I12I26301Duration of sentences: persons unlawfully at large or on temporary release
1
In calculating the period for which a person sentenced to service detention is liable to be detained, no account shall be taken of any period within subsection (3).
2
In calculating the period for which a person on whom a custodial sentence has been passed in respect of a service offence is liable to be detained, no account shall be taken of any period within subsection (3) occurring before the person is committed to the appropriate establishment.
3
The following periods are within this subsection—
a
any period when the person is unlawfully at large;
b
any period of temporary release on compassionate grounds (pursuant to rules under section 300).
4
A person who has been temporarily released pursuant to rules under section 300 is unlawfully at large for the purposes of this section if—
a
he was released subject to complying with a condition, and he fails to comply with the condition; or
b
he is at large after the end of the period for which he was released.
5
In this section—
F2“period when the person is unlawfully at large” means (subject to any rules made by virtue of section 300(2)(g))—
- a
the period beginning with the day when the person becomes unlawfully at large and ending with the day when the person is taken back into custody (service or otherwise) or returns to the place where the sentence was being served; or
- b
in relation to a person who is absent when sentenced, the period beginning with the day when the sentence is passed and ending with the day when the person is taken into custody (service or otherwise);
- a
“period of temporary release on compassionate grounds” means the period beginning with the day after the day when the person is released and ending with the day when he is required to return to custody (or, if earlier, the day when he returns to custody).
I13I27302Remission of certain sentences on passing of custodial sentence etc
1
Any unserved part of any relevant sentence passed on a person is remitted by—
a
the passing on him of a custodial sentence in respect of a service offence; or
b
the passing on him by a civilian court in the British Islands of a sentence of imprisonment or a sentence corresponding to any other custodial sentence.
2
In subsection (1) “relevant sentence” means—
a
a sentence of service detention;
b
a service supervision and punishment order; or
c
a minor punishment.
3
Subsection (1) applies in relation to—
a
the making of an order under section 214 (detention for commission of offence during currency of order),
b
the making of an order under section 104 of the Sentencing Act (detention of offender subject to detention and training order for breach of supervision requirements), or
c
the making by a civilian court in the British Islands of an order corresponding to an order within paragraph (a) or (b),
as it applies in relation to the passing of a sentence mentioned in subsection (1)(a).
4
For the purposes of subsection (1), a suspended sentence of imprisonment or a sentence corresponding to such a sentence is to be treated as passed when an order that the sentence shall take effect is made.
I14I28303Power of service policeman to arrest person unlawfully at large
1
A person who has been sentenced to service detention and who is unlawfully at large—
a
may be arrested by a service policeman; and
b
may be taken to the place in which he is required in accordance with law to be detained.
2
Section 301(4) (cases where persons temporarily released from service detention are unlawfully at large) applies for the purposes of this section.
3
A person may use reasonable force, if necessary, in the exercise of a power conferred by subsection (1).
Supplementary
I15I29304Sentences passed by civilian courts
1
In this Part any reference to a custodial sentence passed in respect of a service offence excludes a sentence of imprisonment passed by a civilian court in respect of such an offence.
2
In each of sections 297(2) and 298(2) the reference to an order excludes an order made by a civilian court.
Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)