C1 Part II Discipline and Trial and Punishment of Air-Force Offences

Annotations:
Modifications etc. (not altering text)

Commencement, suspension and duration of sentences

F2118A Consecutive terms of imprisonment and detention.

1

Where any person who is serving a sentence of imprisonment, whether passed under this Act or otherwise, is awarded an air-force sentence of imprisonment, or where a person who is awarded an air-force sentence of imprisonment is further sentenced to imprisonment under section 57(2) of this Act, the court-martial by whom the subsequent or further sentence is awarded may order that that sentence shall begin to run from the expiry of the first-mentioned sentence.

2

Where any person who is serving an air-force sentence of detention, or a sentence of detention passed on him under the M1Army Act 1955 or the M2Naval Discipline Act 1957, is found guilty under this Act of another offence for which he is awarded an air-force sentence of detention, or where a person who is awarded an air-force sentence of detention is further sentenced to detention under section 57(2) of this Act, the court-martial or officer by whom the subsequent or further sentence is awarded may order that that sentence shall begin to run from the expiry of the first-mentioned sentence.

F32A

Where on awarding a sentence of detention (“the subsequent sentence”) the offender’s commanding officer orders under subsection (2) of this section that the subsequent sentence is to begin to run from the expiry of another sentence (“the current sentence”)—

a

section 118ZA of this Act shall have effect in relation to the subsequent sentence as if the reference in subsection (2) of that section to the day on which the sentence is awarded were a reference to the expiry of the current sentence, and

b

where the suspension of a sentence by virtue of subsection (3) or (4) of that section would end before the expiry of the current sentence, the sentence shall run from the expiry of the current sentence.

3

Where a person is convicted by a general court-martial or a field general court-martial of two or more offences against section 70 of this Act consisting in the commission of a civil offence for which a civil court in England could award imprisonment, the court-martial may by its sentence award, for any of the said offences, a term of imprisonment which is to run from the expiry of a term awarded by that sentence for any other of those offences.