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

Modifications etc. (not altering text)

C1 Pt. 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 2 U.K. Consecutive Sentences

188 Consecutive custodial sentences U.K.

(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 [F1 226B] of the 2003 Act passed as a result of section [F2 221A] 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 [F3 or 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 [F4 226B or] 228 of the 2003 Act (whether or not passed as a result of section [F5 221A 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

F1 Word 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)

F2 Word 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)

F3 Words 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)

F4 Words 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)

F5 Words 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

I1 S. 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)

I2 S. 188 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4