Section 297 Detention in service custody following passing of custodial sentence etcI1I2
Where—
a custodial sentence has been passed on a person in respect of a service offence, or
an order under section 214 (detention for commission of offence during currency of order) has been made in respect of a person,
the person may be detained in service custody until he is committed to the appropriate establishment.
For the purposes of subsection (1), a suspended sentence of imprisonment is to be treated as passed when an order that the sentence shall take effect is made.
A person in service custody under subsection (1) is deemed to be in legal custody.
Annotations
Commencement
- I1
S. 297 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. 297 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 12
Modifications
- C1
Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)