# The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009, Article 94: Activation of suspended SDA sentence of imprisonment


(1) Where—
(a) a sentence of imprisonment passed on a person by a court-martial is for the time being suspended, and
(b) the Court Martial convicts the person of an offence committed since the suspension date,
the court may make an order under this article determining the suspension of the sentence and committing the person to imprisonment.
(2) Paragraph (1) is subject to any provision of Court Martial rules made by virtue of section 165(6) of AFA 2006 as modified by article 78(1) (powers of Court Martial where election for trial by that court or by court-martial).
(3) An order under this article is an order—
(a) that the suspended sentence shall take effect with the original term unaltered; or
(b) that the suspended sentence shall take effect with the substitution of a lesser term for the original term.
(4) In paragraph (1)(a) the reference to a sentence passed by a court-martial includes a sentence passed—
(a) by the Appeal Court before commencement; or
(b) by the House of Lords or the Supreme Court before commencement, on an appeal brought from a decision of the Appeal Court.

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Source: https://www.legislation.gov.uk/uksi/2009/1059/article/94 (the official version)
Page: https://openlegislation.uk/armed-forces-act-2006-transitional-provisions-etc-order-2009/article-94
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.