Section 244 Limit on combined term of sentences of service detentionI1 I2

(1)

A court or officer may not—

(a)

pass a sentence of service detention,

(b)

make a direction under section 189 (consecutive terms of service detention), or

(c)

make an order under section 191 or 193 (activation of suspended sentence of service detention),

whose effect would be that a person would (at the relevant time) be subject to sentences of service detention the combined term of which exceeds two years.

(2)

In subsection (1) “the relevant time” is the time immediately after the passing of the sentence or the making of the direction or order.

(3)

For the purposes of this section, the combined term of sentences of service detention is—

(a)

if none of the sentences overlap, the aggregate of the terms of the sentences;

(b)

otherwise, the aggregate of—

(i)

the period (or periods) during which any of the sentences overlaps any other of them; and

(ii)

the period (or periods) for which none of the sentences overlap.

(4)

Where subsection (1) is contravened, any part of any sentence of service detention which would (apart from this subsection) have effect after the end of the permitted period is remitted by virtue of this subsection.

(5)

In subsection (4) “permitted period” means the period—

(a)

beginning with the date of contravention; and

(b)

equal in length to the longest sentence of service detention that could have been passed on that date without contravening subsection (1).

(6)

For the purposes of the reference in subsection (4) to a part of a sentence which would have effect after the end of the permitted period, any prospect of early release is to be disregarded.

(7)

In subsection (1)(a) “sentence of service detention” does not include a suspended sentence of service detention.

Annotations

Commencement

I1: S. 244 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. 244 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 9

Modifications

C1: Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163

Section 244 Limit on combined term of sentences of service detentionI1I2