C1Part 12Service and Effect of Certain Sentences

Annotations:
Modifications etc. (not altering text)
C1

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)

Commencement of sentence

I1I2290Commencement 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An election under subsection (2) may be withdrawn at any time until the end of the appeal period.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If an election is withdrawn, the remainder of the award ceases to have effect from the beginning of the day of withdrawal and resumes effect—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.