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Section 194 Activation by CO: maximum termI1I2

United Kingdom

(1)

The term of a suspended sentence as it takes effect by virtue of an order under section 193 must not exceed 28 days unless the officer has extended powers for the purposes of this section.

(2)

If—

(a)

section 193(2)(a) applies and the officer awards a term of service detention in respect of the offence mentioned there (“the new sentence”), and

(b)

the officer makes an order under section 193 and the order provides for the suspended sentence to take effect from the end of the new sentence,

the aggregate of the terms of the two sentences must not exceed 28 days or, if the officer has extended powers for the purposes of this section, 90 days.

(3)

Nothing in subsection (2) affects section 133 (which determines the maximum length etc of the new sentence).

(4)

An officer has extended powers for the purposes of this section if he has, F1within the relevant time (defined by section 194A) —

(a)

applied to higher authority for extended powers for the purposes of this section; and

(b)

been notified by higher authority that his application has been granted.

(5)

An officer also has extended powers for the purposes of this section if he is of or above the rank of rear admiral, major-general or air vice-marshal.

F2(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

Section 193 is subject to section 244 (limit on combined term of sentences of service detention).

Annotations

Textual amendments

F1

Words in s. 194(4) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 15(2); S.I. 2012/669, art. 4(d)

F2

S. 194(6) repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 15(3), Sch. 5; S.I. 2012/669, art. 4(d)(f)(i)

Commencement

I1

S. 194 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. 194 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)