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The Armed Forces (Court Martial) Rules 2009
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Changes over time for: Section 164
Version Superseded: 02/04/2012
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- 31/10/2009- Amendment
- 31/10/2009
Point in time - 02/04/2012- Amendment
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Activation of suspended sentence of detentionU.K.
This section has no associated Explanatory Memorandum
164.—(1) This rule applies where—
(a)the court makes an order under section 191(3) (activation of suspended sentence of service detention) by virtue of having convicted a person of a relevant offence; and
(b)the sentence in respect of which the order is made was passed by an officer or the Summary Appeal Court.
(2) The term of the suspended sentence as it takes effect by virtue of the order must not exceed 28 days unless the offender's commanding officer would have had extended powers for the purposes of section 194 if no election under section 129 had been made.
(3) Paragraph (4) applies where—
(a)the court awards a term of service detention in respect of the relevant offence, or (by virtue of rule 161) in respect of the relevant offence and one or more other offences; and
(b)the order provides for the suspended sentence to take effect from the end of the term so awarded.
(4) The aggregate of the terms of the two sentences—
(a)must not exceed 28 days unless the offender's commanding officer would have had extended powers for the purposes of section 194 if no election under section 129 had been made; and
(b)must not exceed 90 days in any event.
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