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Section 193 Activation by CO of suspended sentence of service detentionI1I2

United Kingdom

(1)

This section applies in relation to a suspended sentence of service detention passed on an offender by an officer or the Summary Appeal Court.

(2)

If—

(a)

an officer records a finding that a charge against the offender in respect of an offence committed during the operational period of the suspended sentence is proved, or

(b)

the offender is convicted of F1an offence under the law of any part of the British Islands which was committed during that operational period, and subsequently appears before his commanding officer,

the officer may (subject to section 194) make an order under subsection (3).

(3)

An order under this subsection 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)

An order under subsection (3) may provide either—

(a)

that the suspended sentence shall take effect immediately; or

(b)

that the suspended sentence shall take effect from the end of another sentence of service detention which has been passed on the offender on a previous occasion or which the officer passes on the offender on the same occasion as he makes the order.

(5)

Any provision included by virtue of subsection (4) in an order made by an officer has effect subject to section 292 (postponement of commencement of suspended sentence on activation by CO).

Annotations

Textual amendments

F1

Words in s. 193(2)(b) 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)

Commencement

I1

S. 193 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. 193 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)

Notes on Part 8

Modifications

C1

Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)