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Section 188 Consecutive custodial sentencesI1I2

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies where a court passes a qualifying custodial sentence on a person in respect of a service offence.

(2)

In this section “qualifying custodial sentence” means—

(a)

a determinate sentence of imprisonment;

(aa)

F1a determinate sentence of detention in a young offender institution;

(b)

a determinate sentence of detention under section 209; or

(c)

a sentence of detention under F2section 254 of the Sentencing Code passed as a result of section F3221A of this Act.

(3)

The court may direct—

(a)

that the sentence shall take effect from the end of any other qualifying custodial sentence that the court passes on the person on the same occasion;

(b)

that the sentence shall take effect from the end of any sentence to which this paragraph applies that was passed on the person on a previous occasion; or

(c)

that the sentence shall take effect from the date when the person is (or but for the direction would be) released from custody under any sentence to which this paragraph applies that was passed on him on a previous occasion.

(4)

Subsection (3)(b) applies to any of the following sentences, other than one from which the person has already been released early under Chapter 6 of Part 12 of the 2003 Act F4or under Part 2 of the Criminal Justice Act 1991—

(a)

a determinate sentence of imprisonment passed in respect of a service offence or by a civilian court in England and Wales;

(aa)

F5a determinate sentence of detention in a young offender institution passed in respect of a service offence or by a civilian court in England and Wales;

(b)

a determinate sentence of detention under section 209 of this Act or F6section 250 F7or 252A of the Sentencing Code;

(ba)

F8a sentence of detention under section 254 of the Sentencing Code (whether or not passed as a result of section 221A of this Act);

(c)

a sentence of detention under section F9... 228 of the 2003 Act (whether or not passed as a result of section F10... 222 of this Act).

(4A)

F11The sentences referred to in subsection (4)(a) and (aa) are to be taken to include a custodial order under—

(a)

section 71AA of the Army Act 1955 or the Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957, or

(b)

paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957.

(5)

Subsection (3)(c) applies to any of the following sentences (wherever passed)—

(a)

a determinate sentence of imprisonment F12or detention in a young offender institution not falling within paragraph (a) or (aa) of subsection (4);

(b)

a sentence not falling within paragraph (b) F13, (ba) or (c) of subsection (4) but corresponding to a sentence so falling.

(6)

In subsection (1) “court” does not include a civilian court.

Annotations

Textual amendments

F1

S. 188(2)(aa) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 15(2)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2

Words in s. 188(2)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 15(2)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3

Word in s. 188(2)(c) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 23(2)(b); S.I. 2012/2906, art. 2(t)

F4

Words in s. 188(4) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 11; S.I. 2009/1028, art. 2(b)

F5

S. 188(4)(aa) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 15(3)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F6

Words in s. 188(4)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 15(3)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F7

Words in s. 188(4)(b) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 23(2)

F8

S. 188(4)(ba) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 15(3)(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F9

Words in s. 188(4)(c) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 15(3)(d)(i) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F10

Words in s. 188(4)(c) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 15(3)(d)(ii) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F11

S. 188(4A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 15(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F12

Words in s. 188(5)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 15(5)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F13

Word in s. 188(5)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 15(5)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications

C1

S. 188(4)(c) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2

Commencement

I1

S. 188 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2

S. 188 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)