Army Act 1955 (repealed)

120 Suspension of sentences.F12 U.K.

(1) The following provisions of this section shall have effect as respects the suspension of a sentence of imprisonment or detention passed by a court martial on a warrant officer, non-commissioned officer orsoldier.

(2) [F1 On passing such a sentence, the court] may order that the sentence shall be suspended.

[F2 (3) On the review of a sentence which is not for the time being suspended, the reviewing authority may order that the balance of the sentence be suspended.]

(4) The suspension of any such sentence may (without prejudice to its again being suspended) be determinedon the review F3 of the sentence by an order of the said authority committing the personsentenced to imprisonment or detention, as the case may be.

(5) Where, while any such sentence is suspended, the person sentenced is sentenced by court-martial toimprisonment or detention for a fresh offence then (unless the balance of the earlier sentence is remittedby virtue of [F4 section 119A(3)] of this Act)—

(a) the court may determine the suspension of the earlier sentence by an order committing the personsentenced to imprisonment or detention, as the case may be, and if so the court shall direct whether thetwo sentences are to run concurrently or consecutively;

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) if [F6 the court does not exercise the powers conferred by paragraph (a) above], a reviewing authority mayexercise those powers on the review of the later sentence;

(d) where the said powers are exercised (whether by the court, F7 . . . a reviewingauthority), any power of suspension or remission exercisable in relation to the later sentence shall beexercisable also in relation to the earlier sentence:

F8 (6) Without prejudice to the further suspension of the earlier sentence, an order under the last foregoingsubsection directing that the suspension of that sentence shall be determined shall not be affected by thelater sentence F9 . . . being quashed.

(7) Where the sentence of a person in custody is suspended, he shall thereupon be released [F10 and a sentence which has been suspended shall, unless the suspension has been soonerdetermined, be remitted by virtue of this subsection at the expiry of one year from the date on which thesuspension took effect].

(8)F11

Textual Amendments

F1 Words in s. 120(2) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(1), Sch. 6 para. 4(1)(a); S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F2 S. 120(3) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(1), Sch. 6 para. 4(1)(b); S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F3 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

F4 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(6)

F5 S. 120(5)(b) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F6 Words in s. 120(5)(c) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(1), Sch. 6 para. 4(1)(c); S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F7 Words in s. 120(5)(d) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F8 Proviso repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F9 Words in s. 120(6) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F10 Words added by Armed Forces Act 1971 (c. 33), s. 54(2)

F11 Ss. 120(8), 152(3), and 153(2) repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

Textual Amendments applied to the whole legislation

F12 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