C1C2 Part II Discipline and Trial and Punishment of Military Offences

Annotations:
Modifications etc. (not altering text)
C1

Part II extended by Reserve Forces Act 1980 (c. 9), s. 142

C2

Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2

Commencement, suspension and duration of sentences

120 Suspension of sentences.

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

F2On passing such a sentence, the court may order that the sentence shall be suspended.

F33

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 F4 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 F5section 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;

F6b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

if F7the 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, F8. . . a reviewingauthority), any power of suspension or remission exercisable in relation to the later sentence shall beexercisable also in relation to the earlier sentence:

F96

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 F10. . . being quashed.

7

Where the sentence of a person in custody is suspended, he shall thereupon be released F11and 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.

8F12