Army Act 1955 (repealed)

118 Commencement of sentences.F7 F8 U.K.

(1) A military sentence of imprisonment or detention [F1 awarded by a court-martial] F2 . . . shall, subject to the [F3 following provisions of this Part of this Act and to] [F4 section 11(2) of the M1 Courts-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 F5 . . ..

(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:

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words 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)

F2 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F3 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(4)

F4 Words substituted by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 4

F5 Words in s. 118(1) repealed (2.10.2000) by 2000 c. 4, ss. 25, 27, Sch. 3 para. 8(b), Sch. 4; S.I. 2000/2366, art. 2 (with Sch.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)

F6 Words in s. 118(2) omitted (18.7.2008) by virtue of The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 23

Modifications etc. (not altering text)

C1 S. 118 excluded by Armed Forces Act 1976 (c. 52), Sch. 3 para. 18(7)

Marginal Citations

M1 1968 c. 20.

Textual Amendments applied to the whole legislation

F7 Act: 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

F8 Act repealed (1.1.2008 for the repeal of s. 180 only, 1.10.2008 for the repeal of ss. 135-137, 28.3.2009 for further specified purposes and 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2007/2913, art. 3 (with art. 4(1)(2)); S.I. 2008/1650, art. 2(e) (with art. 3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059)); S.I. 2009/1167, art. 4; and ss. 9, 133A, Sch. 7 para. 4A continued (with modifications) (31.10.2009) by The Armed Forces (Discharge and Transfer to the Reserve Forces) (No. 2) Regulations 2009 (S.I. 2009/1091), regs. 1, 9, 10, 13 (with Sch.) and The Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009 (S.I. 2009/1212), regs. 1, 5(2)