118 Commencement of sentences.F6U.K.
(1)A military sentence of imprisonment or detention [F1awarded by a court-martial]. . . shall, subject to the [F2following provisions of this Part of this Act and to][F3section 11(2) of the M1Courts-Martial (Appeals) Act 1968] (which empowers the Court in certain cases to direct that a sentence shall begin to run from the dayon which the Court dismisses an application for leave to appeal), begin to run from the beginning of theday on which sentence was originally pronounced by the court-martial trying the offender F4. . ..
(2)A sentence of imprisonment or detention passed by a court-martial on a warrant officer, non-commissionedofficer or soldier which is suspended in pursuance of section one hundred and twenty of this Act before hehas been committed to prison or a military establishment shall not begin to run until the beginning of theday on which the suspension is determined:
Provided that where the sentence is suspended by [F5a court-martial] and the reviewing authoritydetermines the suspension, the reviewing authority may direct that the sentence shall run from such earlierdate, not earlier than the day on which sentence was originally pronounced by the court-martial, as thereviewing authority may specify.
Textual Amendments
F1Words in s. 118(1) inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 8(a); S.I. 2000/2366, art. 2 (with Sch. para. 13)
F2Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(4)
F3Words substituted by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 4
F4Words in s. 118(1) repealed (2.10.2000) by 2000 c. 4, ss. 25, 27, Sch. 3 para. 8(b), Sch. 4; S.I. 2000/2366, art. 2 (with Sch. para. 13)
F5S. 118(2): words in proviso substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(1), Sch. 6 para. 4(2); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
Modifications etc. (not altering text)
C1S. 118 excluded by Armed Forces Act 1976 (c. 52), Sch. 3 para. 18(7)
Marginal Citations
Textual Amendments applied to the whole legislation
F6Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2