Section 213A Period in service custody: effect on term of detention and training order

(1)

F1Subsection (2) applies where—

(a)

the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence, and

(b)

the offender has been kept in service custody in connection with the offence or any other offence the charge for which was founded on the same facts or evidence.

(2)

In determining the term of the order under section 211, the court must take account of the period for which the offender was kept in service custody.

(3)

If the court proposes to make two or more orders under section 211 in respect of two or more offences—

(a)

subsection (2) does not apply, but

(b)

in determining the total term of those orders, the court must take account of the total period for which the offender has been kept in service custody in connection with—

(i)

any of those offences, or

(ii)

any other offence the charge for which was founded on the same facts or evidence.

(4)

A period of service custody may be taken account of under this section only once.

Annotations

Textual amendments

F1: Ss. 213A, 213B inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 16 para. 16

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)