The Service Custody and Service of Relevant Sentences Rules 2009

PART 7 Transitional Provisions

74.  In these Rules—

(a) references to a sentence of service detention include an SDA sentence of service detention;

(b) references to a relevant sentence include (as well as, by reason of paragraph (a), an SDA sentence of service detention)—

(i) an SDA custodial sentence; and

(ii) a custodial sentence passed in respect of an SDA offence.

75.  The period of sixty days referred to in rule 6(1) includes any period of service detention before commencement in service custody facilities outside the United Kingdom.

76.  In rules 7(3)(c) and 10(1)(c) the reference to permission by an inspector of service custody premises for use of a service custody facility for confinement of a detainee includes permission or licence for such use given by an Inspector of Military Establishments before commencement.

77.—(1) This rule applies where immediately before commencement a detainee in MCTC was due to be dealt with under rule 85 of the Imprisonment and Detention (Army) Rules 1978 for an alleged offence against discipline under rule 83 of those rules.

(2) Part 4 of these Rules shall apply as if the alleged offence were an alleged breach of discipline under rule 43, except that—

(a) it shall not be open to the commandant to refer the change for the alleged offence to an adjudicator, and accordingly rules 47, 51, 52, 53 and 54 and any other provision of Part 4 referring to an adjudicator shall not apply;

(b) it shall not be open to the commandant to impose a punishment of cellular confinement for a period exceeding three days.

78.  Where before commencement a detainee in MCTC began a sentence of service detention of more than ninety days, he may be awarded remission under rule 70 but only to a maximum of one-sixth of the period of his sentence which falls to be served on or after commencement.

79.  In this Part of these Rules—

“commencement” means the date on which these Rules come into force;

“SDA custodial sentence” means any of the following—

(a)

a sentence of imprisonment passed by—

(i)

a court-martial;

(ii)

a Standing Civilian Court;

(iii)

the Courts-Martial Appeal Court or the Court Martial Appeal Court (in either case on an appeal brought from a court-martial); or

(iv)

the House of Lords or Supreme Court on an appeal brought from a decision of the Courts-Martial Appeal Court or the Court Martial Appeal Court where the decision was made on an appeal from a court-martial;

(b)

a sentence of custody for life under section 71A(1A) or (1B) of the Army Act 1955 or Air Force Act 1955 or section 43A(1A) or (1B) of the Naval Discipline Act 1957;

(c)

a sentence of detention during Her Majesty’s pleasure under section 71A(3) of the Army Act 1955 or the Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957;

(d)

a sentence of detention under section 71A(4) of the Army Act 1955 or the Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957 (detention for serious offence committed by young person;

(e)

a custodial order under—

(i)

section 71AA of, or paragraph 10 of Schedule 5A to, the Army Act 1955 or the Air Force Act 1955; or

(ii)

section 43AA of, or paragraph 10 of Schedule 4A to, the Naval Discipline Act 1957;

“SDA offence” means an offence under the Army Act 1955, the Air Force Act 1955, the Naval Discipline Act 1957, the Armed Forces Act 1991(1) or the Reserve Forces Act 1996(2) committed before commencement;

“SDA sentence of service detention” means a sentence of detention under section 71(1)(e) or 76C of the Army Act 1955 or the Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957.

(1)

1991 c. 62.

(2)

1996 c. 14.