Armed Forces Act 2006 (c. 52)

Part 12 U.K. Service and Effect of Certain Sentences

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)

Service of sentence U.K.

301 Duration of sentences: persons unlawfully at large or on temporary release U.K.

(1) In calculating the period for which a person sentenced to service detention is liable to be detained, no account shall be taken of any period within subsection (3).

(2) In calculating the period for which a person on whom a custodial sentence has been passed in respect of a service offence is liable to be detained, no account shall be taken of any period within subsection (3) occurring before the person is committed to the appropriate establishment.

(3) The following periods are within this subsection—

(a) any period when the person is unlawfully at large;

(b) any period of temporary release on compassionate grounds (pursuant to rules under section 300).

(4) A person who has been temporarily released pursuant to rules under section 300 is unlawfully at large for the purposes of this section if—

(a) he was released subject to complying with a condition, and he fails to comply with the condition; or

(b) he is at large after the end of the period for which he was released.

(5) In this section—

• [F1 “period when the person is unlawfully at large” means (subject to any rules made by virtue of section 300(2)(g))—

  (a)

  the period beginning with the day when the person becomes unlawfully at large and ending with the day when the person is taken back into custody (service or otherwise) or returns to the place where the sentence was being served; or

  (b)

  in relation to a person who is absent when sentenced, the period beginning with the day when the sentence is passed and ending with the day when the person is taken into custody (service or otherwise);]

• “period of temporary release on compassionate grounds” means the period beginning with the day after the day when the person is released and ending with the day when he is required to return to custody (or, if earlier, the day when he returns to custody).

Textual Amendments

F1 Words in s. 301(5) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 21; S.I. 2012/669, art. 4(d)

Commencement Information

I1 S. 301 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. 301 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4