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Part 8U.K.Sentencing Powers and Mandatory etc Sentences

Modifications etc. (not altering text)

C1Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)

Chapter 1U.K.Definition etc of Certain Sentences

Service supervision and punishment ordersU.K.

174Review of service supervision and punishment ordersU.K.

(1)The commanding officer of a person subject to a service supervision and punishment order must, at times prescribed by regulations made by the Defence Council, consider whether the order should continue in force.

(2)If on a review under subsection (1) the commanding officer decides that the order should not continue in force, he must order that it shall immediately cease to have effect.

(3)Regulations made by the Defence Council may—

(a)prescribe criteria to be applied by a commanding officer in deciding whether an order should continue in force;

(b)make provision about procedure in relation to orders under subsection (2).

(4)Where a commanding officer makes an order under subsection (2), there remains forfeit one-sixth of the offender's gross pay for the period—

(a)beginning with the day the service supervision and punishment order is made; and

(b)ending with the day before the date of the commanding officer's order.

Commencement Information

I1S. 174 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2S. 174 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4