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)
(1)A court which, or officer who, passes a sentence of service detention may order that the sentence shall not have effect unless—
(a)during a period specified in the order (“the operational period”) the offender commits another service offence or [F1an offence under the law of any part of the British Islands]; and
(b)a court or officer orders under section 191 or 193 that the sentence shall take effect.
[F2(2)The operational period must be a period of not less than 3 months beginning with the date of the order made under this section.
(2A)The maximum length of the operational period is—
(a)where subsection (2B) applies, 24 months; and
(b)otherwise, 12 months.
(2B)This subsection applies where the order under this section is made by—
(a)the Court Martial,
(b)the Court Martial Appeal Court, or
(c)the Supreme Court on an appeal brought from the Court Martial Appeal Court,
except where the order is made in circumstances in which Schedule 3A applies (sentencing powers in cases involving election under section 129 for trial by Court Martial) or on an appeal arising out of a case in which that Schedule applied.]
(3)In this Act “suspended sentence of service detention” means a sentence to which an order under this section relates.
Textual Amendments
F1Words in s. 190(1)(a) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 14; S.I. 2012/669, art. 4(d)
F2S. 190(2)-(2B) substituted for s. 190(2) (1.7.2019) by Armed Forces Act 2016 (c. 21), ss. 6(1), 19(1) (with s. 6(2)(3)); S.I. 2019/961, reg. 2(2)
Commencement Information
I1S. 190 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. 190 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4