292Commencement of suspended sentence activated by COU.K.
(1)This section applies where an officer makes an order (“the activation order”) under section 193(3) (activation of suspended award of service detention).
(2)If the activation order does not provide that the suspended sentence shall take effect from the end of another sentence, section 290(2) to (8) apply, but with the following modifications—
(a)the reference in subsection (2) to the time of the award is to be read as to the time when the activation order is made;
(b)the reference in subsection (2) to the day on which the award is made is to be read as to the day on which the activation order is made;
(c)any other reference to “the award” in subsections (2) to (7) is to the award of service detention to which the activation order relates (with any modification of its term made by the activation order);
(d)the reference in subsection (7) to an appeal is to an appeal against the activation order; and
(e)in subsection (8)—
(i)the reference to the award is to be read as to the activation order; and
(ii)the reference to another punishment is to be read as to another order under section 193(3).
(3)If the activation order provides that the suspended sentence shall take effect from the end of another sentence (“the initial sentence”), section 291(2) to (9) apply, but with the following modifications—
(a)the reference in subsection (2) to the time of the award is to be read as to the time when the activation order is made;
(b)any reference to “the initial sentence” is to the initial sentence as defined by this subsection;
(c)any reference to “the award” in subsections (4) to (7) is to the award of service detention to which the activation order relates (with any modification of its term made by the activation order);
(d)the reference in subsection (8) to the award mentioned in section 291(1)(a) is to be read as to the activation order; and
(e)in subsection (9)—
(i)the reference to the award is to be read as to the activation order; and
(ii)the reference to another punishment is to be read as to another order under section 193(3).
Commencement Information
I1S. 292 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. 292 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4