(1)Where any person has been sentenced under this Act to imprisonment or detention, the authority having power under section eighty-one of this Act to issue a committal order may, in lieu of issuing such an order, order that the sentence be suspended; and in [F1any case where a sentence is suspended under this subsection] the sentence shall not begin to run until [F2an order determining the suspension of the sentence is made under section 91(1) or 91B(1) of this Act and a committal order is issued] .
F3[(1A)Where any person has been sentenced under this Act by a court-martial to imprisonment or detention [F4or by the summary appeal court to detention, the court] may itself exercise the power under subsection (1) above to order the suspension of the sentence.]
(2)Where any person has been sentenced under this Act to imprisonment or detention and a committal order in respect of that sentence has been issued under the said section eighty-one, the sentence may be suspended by an order made—
(a)in any case, by [F5the Defence Council] or by any officer holding such command as may be prescribed by regulations made by [F5the Defence Council];
(b)where the committal order was issued by an officer not holding such command, by that officer;
and in any such case the offender shall be released and the currency of the sentence suspended until [F6an order determining the suspension of the sentence is made under section 91(1) or 91B(1) of this Act and a further committal order is issued] .
(3)Where a sentence is suspended under this section, [F5the Defence Council] or, subject to any regulations or directions made or given by [F5the Defence Council], any other authority by whom the sentence is suspended, may direct that any other punishment which the suspended sentence involves shall be suspended or remitted; but except as aforesaid the suspension of a sentence under this section shall not affect any such other punishment.
Textual Amendments
F1Words in s. 90(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62), s. 12(1); S.I. 1991/2719, art. 2
F2Words in s. 90(1) substituted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), art. 30(2)
F3S. 90(1A) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62), s. 12(1); S.I. 1991/2719, art. 2
F4Words in S. 90(1A) substituted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), art. 30(3)
F5Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F6Words in s. 90(2) substituted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), art. 30(4)
Textual Amendments applied to the whole legislation
F7Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions