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Version Superseded: 01/12/2020
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Armed Forces Act 2006, Section 188 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies where a court passes a qualifying custodial sentence on a person in respect of a service offence.
(2)In this section “qualifying custodial sentence” means—
(a)a determinate sentence of imprisonment;
(b)a determinate sentence of detention under section 209; or
(c)a sentence of detention under section [F1226B] of the 2003 Act passed as a result of section [F2221A] of this Act.
(3)The court may direct—
(a)that the sentence shall take effect from the end of any other qualifying custodial sentence that the court passes on the person on the same occasion;
(b)that the sentence shall take effect from the end of any sentence to which this paragraph applies that was passed on the person on a previous occasion; or
(c)that the sentence shall take effect from the date when the person is (or but for the direction would be) released from custody under any sentence to which this paragraph applies that was passed on him on a previous occasion.
(4)Subsection (3)(b) applies to any of the following sentences, other than one from which the person has already been released early under Chapter 6 of Part 12 of the 2003 Act [F3or under Part 2 of the Criminal Justice Act 1991]—
(a)a determinate sentence of imprisonment passed in respect of a service offence or by a civilian court in England and Wales;
(b)a determinate sentence of detention under section 209 of this Act or section 91 of the Sentencing Act;
(c)a sentence of detention under section [F4226B or] 228 of the 2003 Act (whether or not passed as a result of section [F5221A or] 222 of this Act).
(5)Subsection (3)(c) applies to any of the following sentences (wherever passed)—
(a)a determinate sentence of imprisonment not falling within paragraph (a) of subsection (4);
(b)a sentence not falling within paragraph (b) or (c) of subsection (4) but corresponding to a sentence so falling.
(6)In subsection (1) “court” does not include a civilian court.
Textual Amendments
F1Word in s. 188(2)(c) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 23(2)(a); S.I. 2012/2906, art. 2(t)
F2Word in s. 188(2)(c) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 23(2)(b); S.I. 2012/2906, art. 2(t)
F3Words in s. 188(4) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 11; S.I. 2009/1028, art. 2(b)
F4Words in s. 188(4)(c) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 23(3)(a); S.I. 2012/2906, art. 2(t)
F5Words in s. 188(4)(c) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 23(3)(b); S.I. 2012/2906, art. 2(t)
Commencement Information
I1S. 188 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. 188 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
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