118 Commencement of sentences. F5U.K.
(1)An air-force sentence of imprisonment or detention F1shall, 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 day on which the Court dismisses an application for leave to appeal), begin to run from the beginning of the day on which sentence was originally pronounced by the court-martial trying the offender or, as the case may be, was originally awarded by his commanding officer.
(2)A sentence of imprisonment or detention passed by a court-martial on a warrant officer, non-commissioned officer or airman which is suspended in pursuance of section one hundred and twenty of this Act before he has been committed to prison or an air-force establishment shall not begin to run until the beginning of the day on which the suspension is determined:
Provided that where the sentence is suspended by [F4a court-martial] and the reviewing authority determines the suspension, the reviewing authority may direct that the sentence shall run from such earlier date, not earlier than the day on which sentence was originally pronounced by the court-martial, as the reviewing authority may specify.
Textual Amendments
F1Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I
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 the proviso to s. 118(2) substituted (1.4.1997) by 1996 c. 46, s. 35(1), Sch. 6 para. 4(2); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
Modifications etc. (not altering text)
C1S. 118 excluded by Armed Forces Act 1976 (c. 52), Sch. 3 paras. 1(2), 18(7)
Marginal Citations
Textual Amendments applied to the whole legislation
F5Act: 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