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Section 190 Suspension of sentence of service detentionI1I2

United Kingdom

(1)

A court which, or officer who, passes a sentence of service detention may order that the sentence shall not have effect unless—

(a)

during a period specified in the order (“the operational period”) the offender commits another service offence or F1an offence under the law of any part of the British Islands; and

(b)

a court or officer orders under section 191 or 193 that the sentence shall take effect.

(2)

F2The operational period must be a period of not less than 3 months beginning with the date of the order made under this section.

(2A)

The maximum length of the operational period is—

(a)

where subsection (2B) applies, 24 months; and

(b)

otherwise, 12 months.

(2B)

This subsection applies where the order under this section is made by—

(a)

the Court Martial,

(b)

the Court Martial Appeal Court, or

(c)

the Supreme Court on an appeal brought from the Court Martial Appeal Court,

except where the order is made in circumstances in which Schedule 3A applies (sentencing powers in cases involving election under section 129 for trial by Court Martial) or on an appeal arising out of a case in which that Schedule applied.

(3)

In this Act “suspended sentence of service detention” means a sentence to which an order under this section relates.

Annotations

Textual amendments

F1

Words in s. 190(1)(a) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 14; S.I. 2012/669, art. 4(d)

F2

S. 190(2)-(2B) substituted for s. 190(2) (1.7.2019) by Armed Forces Act 2016 (c. 21), ss. 6(1), 19(1) (with s. 6(2)(3)); S.I. 2019/961, reg. 2(2)

Commencement

I1

S. 190 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. 190 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)